STATE OF IDAHO v. HANNA MIN. CO.

No. 88-3760.

882 F.2d 392 (1989)

STATE OF IDAHO, Plaintiff-Appellee, v. The HANNA MINING COMPANY; Noranda Mines Limited; Noranda Exploration, Inc., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 10, 1989.


Attorney(s) appearing for the Case

Anthony O. Garvin and R. Christopher Locke, Landels, Ripley & Diamond, San Francisco, Cal., for defendants-appellants.

Merrilee Caldwell, Deputy Atty. Gen., Natural Resources Div., Boise, for plaintiff-appellee.

Charles J. Sheehan, Dept. of Justice, Washington, D.C., for amicus curiae, U.S.

Atonette B. Cordero, Deputy Atty. Gen., Los Angeles, Cal., for amici curiae, State of Cal. and State of N.Y.

Margaret J. Livingston, Asst. Atty. Gen., Denver, Colo., for amicus curiae, State of Colo.

Before FARRIS, NOONAN and LEAVY, Circuit Judges.


FARRIS, Circuit Judge:

Idaho seeks recovery for natural resource damages under the provisions of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9607. The district court ruled that the environmental impact statement exception of § 9607(f), which states that no liability shall be imposed if the damages "were specifically identified as an irreversible and irretrievable commitment of natural resources in an environmental...

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