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STATE OF IDAHO v. HOWMET TURBINE COMPONENT CO.

Nos. 86-3600, 86-3602 and 86-3701.

814 F.2d 1376 (1987)

STATE OF IDAHO, Plaintiff-Appellant, v. HOWMET TURBINE COMPONENT COMPANY and John Does 1 to 100, Defendants, and Hanna Mining Company; Noranda Mines Limited, a Delaware corporation; and Noranda Exploration, Inc.; Defendants-Appellees. STATE OF IDAHO, Plaintiff-Appellee, v. HOWMET TURBINE COMPONENT COMPANY and John Does 1 to 100, Defendants, and Noranda Mines Limited, a Delaware corporation, and Noranda Exploration, Inc., Defendants-Appellants. STATE OF IDAHO, Plaintiff-Appellee, v. HOWMET TURBINE COMPONENT CORPORATION; Noranda Mines Limited, a Delaware corporation; Noranda Exploration, Inc.; and John Does 1 to 100; Defendants, and Hanna Mining Company, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 14, 1987.

Attorney(s) appearing for the Case

Clive J. Strong, P. Mark Thompson, Boise, Idaho, for plaintiff-appellant-cross-appellee.

Anthony O. Garvin, San Francisco, Cal., for defendants-appellees-cross-appellants.

Before BROWNING, WRIGHT, and BOOCHEVER, Circuit Judges.

BOOCHEVER, Circuit Judge:

The State of Idaho appeals the district court's holding, 627 F.Supp. 1274, that section 112(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or the act), 42 U.S.C. § 9601 et seq., requires that a state give defendants 60-days notice before filing an action under section 107 of the act for damages to natural resources. The Hanna Mining Company, Noranda...

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