CHEVRON MIN. INC. v. U.S.

No. 15-2209.

863 F.3d 1261 (2017)

CHEVRON MINING INC., Plaintiff-Appellant, v. UNITED STATES of America, United States Department of the Interior, and United States Department of Agriculture, Defendants-Appellees. American Exploration & Mining Association, Colorado Mining Association, and State of Montana, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED July 19, 2017.


Attorney(s) appearing for the Case

Peter D. Keisler , Sidley Austin LLP ( Jennifer G. Anderson , Alex C. Walker , and Jeremy K. Harrison , Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, New Mexico, R. Timothy McCrum , Kirsten L. Nathanson , and Sherrie A. Armstrong , Crowell & Moring LLP, Washington, D.C., and Quin M. Sorenson and Christopher A. Eiswerth , Sidley Austin LLP, Washington, D.C., with him on the briefs), Washington, D.C., for Appellant.

Katherine J. Barton , Environment & Natural Resources Division, United States Department of Justice ( John C. Cruden , Assistant Attorney General, Simi Bhat , Justin D. Heminger , Dustin J. Maghamfar , John E. Sullivan , and Evelyn S. Ying , Environment & Natural Resources Division, United States Department of Justice, and of Counsel: Joan Marsan , Office of the Solicitor, United States Department of the Interior, and Kirk Minckler , Office of the General Counsel, United States Department of Agriculture, with her on the brief), Washington, D.C. for Appellees.

Gina Cannan and Steven J. Lechner , Mountain States Legal Foundation, Lakewood, Colorado, on the brief for Amici Curiae American Exploration & Mining Association and Colorado Mining Association.

Timothy C. Fox , Montana Attorney General, Alan Joscelyn , Chief Deputy Attorney General, and Dale Schowengerdt , Solicitor General, Office of the Montana Attorney General, Helena, Montana, on the brief for Amicus Curiae State of Montana.

Before TYMKOVICH, Chief Judge, BALDOCK, and BRISCOE, Circuit Judges.


Under the federal environmental laws, the owner of property contaminated with hazardous substances or a person who arranges for the disposal of hazardous substances may be strictly liable for subsequent clean-up costs. In this case, the United States owned national forest lands in New Mexico that were mined over several generations...

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