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TDY HOLDINGS, LLC v. U.S.

No. 15-56483.

885 F.3d 1142 (2017)

TDY HOLDINGS, LLC; TDY Industries, LLC, Plaintiffs-Appellants v. UNITED STATES of America; United States Department of Defense; Ashton B. Carter, in his official capacity as Secretary of Defense, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 4, 2017.

Amended March 20, 2018.

Attorney(s) appearing for the Case

Randall M. Levine (argued), Douglas A. Hastings , David B. Salmons , and Bryan M. Killian , Morgan Lewis & Bockius LLP, Washington, D.C.; James J. Dragna , Morgan Lewis Bockius LLP, Los Angeles, California; for Plaintiffs-Appellants.

Rachel E. Heron (argued), Dustin J. Maghamfar , Mark A. Rigau , Lewis M. Barr , Ellen J. Durkee , Aaron P. Avila , and Jennifer Scheller Neumann , Attorneys; Eric Grant , Deputy Assistant Attorney General; Jeffrey H. Wood , Acting Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C., for Defendants-Appellees.

Eric B. Wolff , Alexander M. Fenner , and Mark W. Schneider , Perkins Coie LLP, Seattle, Washington; Shane R. Swindle , Perkins Coie LLP, Phoenix, Arizona; for Amicus Curiae National Defense Industrial Association.

Concurrence by Judge Watford.

ORDER AND AMENDED OPINION

The opinion filed on October 4, 2017, and appearing at 872 F.3d 1004, is amended as follows. On page 13 of the slip opinion:

Replace the sentence reading <In contracts from the 1970s to 1999, the government paid between 90 and 100 percent of the CERCLA cleanup costs that arose from TDY's San Diego Plant.> with <In contracts from the 1970s to 1999, the government paid between 90 and 100...

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