The materials in the Teck Camino v. Pakootas case are at the Supreme Court Project website, here. Today, the United States responded to the Court’s call for the views of the Solicitor General by arguing in favor of a denial of the petition. In some respects, this is a victory for the tribal member plaintiffs, because it upholds the Ninth Circuit’s decision that CERCLA applies to the Canadian company’s discharges. But in another respect, it is a loss, because the EPA attempted to render the case moot by refusing to enforce its own finding that Teck Camino was liable. The SG argued that the case was moot because of this action.
Ninth Circuit
Constitutional Challenge to State Hunting & Fishing Regs in Montana in CA9
The conservative property rights litigation machine Mountain States Legal Foundation sued the State of Montana for its reservation-based hunting and fishing regs. The lower court dismissed the claim, applying the rational basis test (ala Morton v. Mancari). The Ninth Circuit has yet to rule. Here are the materials.