Ninth Circuit Briefs in Pakootas v. Teck Caminco Metals

Here:

Teck Caminco Opening Brief

State of Washington Answer Brief

Colville Answer Brief

Reply

Federal Court Orders More Briefing on Ownership Liability in CERCLA Suit Involving Navajo Reservation Uranium Mining

Here are the materials in El Paso Natural Gas Co. LLC v. United States (D. Ariz.):

114 Plaintiff Motion for Summary J

119 US Response

123 Reply

128 DCT Order

An excerpt:

Plaintiff El Paso Natural Gas Company brought suit under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) against Defendants United States of America, United States Department of the Interior, United States Bureau of Indian Affairs, United States Geological Survey, United States Department of Energy, and United States Nuclear Regulatory Commission (collectively, “United States”). Doc. 55. Plaintiff has filed a motion for partial summary judgment. Doc. 114. The motion is fully briefed (Docs. 114, 119, 123), and the Court heard oral argument on June 1, 2017. For reasons that follow, the Court rejects the United States’ sovereign immunity defense and will require additional briefing on the question of its CERCLA owner liability.

Consent Decree in Navajo Nation Recovery for Hazardous Substances at Abandoned Uranium Mines

Here are documents in the matter of Navajo Nation v. Cyprus Amax Minerals Company et al, 17-cv-00140 (D. Ariz. May 22, 2017):

Here are the documents in the related matter of United States v. Cyprus Amax Minerals Company et al, 17-cv-08007 (D. Ariz. May 22, 2017):

Link: Previously posted materials

Ninth Circuit Materials in Atlantic Richfield Co. v. Laguna Construction Co.

Here are the briefs:

Opening Brief

Others briefs TK.

Lower court materials tag here.

Navajo and US Bring CERCLA Actions over Uranium Mining; Consent Decree Reached

Here is Navajo Nation’s complaint in Navajo Nation v. Cyprus Amax Minerals Co. (D. Ariz.):

1-complaint

Here is the U.S. complaint in United States v. Cyprus Amax Minerals Co. (D. Ariz.):

1-complaint

5-consent-decreee

Federal Judge Orders Millions to be Paid to Colville/State Plaintiffs by Teck Caminco

Here is the order from Pakootas v. Teck Caminco Metals (E.D. Wash.):

1955 Phase I DCT Order

2417 Phase II DCT Order

Remaining CERCLA Claims against Laguna Dismissed

Here are the materials in Atlantic Richfield Co. v. United States (D. N.M.):

80 LCC Motion for Reconsideration

83 Opposition

91 LCC Reply

93 DCT Order

Suit over Jackpile Uranium Mine Cleanup Proceeds

Here are the materials in Atlantic Richfield Co. v. United States (D. N.M.):

32 US Motion to Dismiss

34 Laguna Construction Co Motion to Dismiss

36 Laguna Pueblo Motion to Dismiss

46 AR Response to US Motion

47 AR Response to Pueblo Motion

48 AR Response to LCC Motion

63 LCC Reply

64 US Reply

67 Pueblo Reply

71 DCT Order Granting US Motion

73 DCT Order Partially Granting Pueblo Motion

75 DCT Order Denying LCC Motion

Complaint here.

Yakama Nation Largely Prevails in CERCLA Suit with US

Here are the materials in Confederated Tribes and Bands of the Yakama Nation v. United States of America (D. Or.):

20 Yakama Motion for Summary J

21-1 Memorandum in Support

25 US Response

27 US Motion for Summary J

31 Yakama Reply

33 Magistrate Report

41 DCT Order

Ninth Circuit Vacates Large Attorney Fees Award in Pakootas v. Teck Cominco Metals

Here are the materials:

Pakootas Brief

State of Washington Brief

Teck Cominco Brief

CA9 Unpublished Opinion

The attorney fees award, I believe, is discussed here.