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U.S. v. FMC CORP.

No. 06-35429.

531 F.3d 813 (2008)

UNITED STATES of America, Plaintiff-Appellee, Shoshone-Bannock Tribes, Intervenor-Appellee, v. FMC CORPORATION, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 27, 2008.

Attorney(s) appearing for the Case

Ralph H. Palumbo, Summit Law Group PLLC, Seattle, WA, for the defendant-appellant.

Paul C. EchoHawk, EchoHawk Law Offices, Pocatello, ID, for the intervenor-appellee.

Todd S. Aagaard, Environment and Natural Resources Division, United States Department of Justice, Washington, D.C., for amicus curiae United States of America.

Before: SUSAN P. GRABER and JOHNNIE B. RAWLINSON, Circuit Judges, and OTIS D. WRIGHT II, District Judge.

GRABER, Circuit Judge.

In the late 1990s, Plaintiff United States and Intervenor Shoshone-Bannock Tribes ("the Tribes") approached Defendant FMC Corporation, a mining company operating in Idaho, about potential violations of federal and tribal environmental laws. FMC reached an agreement with each party. FMC agreed to pay the Tribes $1.5 million per year in lieu of applying for certain tribal permits. Concerning federal law...

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