IDAHO CONSERVATION LEAGUE v. WHEELER

No. 18-1141.

930 F.3d 494 (2019)

IDAHO CONSERVATION LEAGUE, et al., Petitioners, v. Andrew WHEELER, Administrator, U.S. Environmental Protection Agency and Environmental Protection Agency, Respondents. Albemarle Corporation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 19, 2019.


Attorney(s) appearing for the Case

Amanda W. Goodin argued the cause for the petitioners. Jan E. Hasselman , Seattle, WA, and Jaimini Parekh were with her on brief. Patti A. Goldman , Seattle, WA, entered an appearance.

Jeffrey Bossert Clark , Assistant Attorney General, United States Department of Justice, argued the cause for the respondents. Jonathan Brightbill , Deputy Assistant Attorney General, and John E. Sullivan , Attorney, were with him on brief.

Brian T. Burgess , argued the cause for the Industry Intervenors. Michael S. Giannotto , Washington, DC, Andrew Kim , Kevin P. Martin , Boston, MA, Keith Bradley , Carolyn L. McIntosh , Denver, CO, Kevin A. Gaynor , Jeremy C. Marwell , Joshua S. Johnson , Washington, DC, George A. Tsiolis , Englewood, NJ, Chris S. Leason , Andrew E. Dudley , Phoenix, AZ, Thomas A. Lorenzen , Washington, DC, and Preetha Chakrabarti , New York, NY, were with him on brief.

Mark Brnovich , Attorney General, Office of the Attorney General for the State of Arizona, Dominic E. Draye , Solicitor General at the time the brief was filed, Andrew G. Pappas and Keith Miller , Associate Solicitors General, Leslie C. Rutledge , Attorney General, Office of the Attorney General for the State of Arkansas, Nicholas J. Bronni , Solicitor General, Jeff Landry , Attorney General, Office of the Attorney General for the State of Louisiana, Elizabeth B. Murrill , Solicitor General, Michelle White , Assistant Attorney General, Timothy C. Fox , Attorney General, Office of the Attorney General for the State of Montana, Dale Schowengerdt , Solicitor General, Jahna Lindemuth , Attorney General, Office of the Attorney General for the State of Alaska, Ashley Brown , Assistant Attorney General, Cynthia H. Coffman , Attorney General, Office of the Attorney General for the State of Colorado, Bill Schuette , Attorney General, Office of the Attorney General for the State of Michigan, Matthias Sayer , Special Assistant Attorney General, Office of the Attorney General for the State of New Mexico, Alan Wilson , Attorney General, Office of the Attorney General for the State of South Carolina, James Emory Smith, Jr. , Deputy Solicitor General, Sean Reyes , Attorney General, Office of the Attorney General for the State of Utah, Tyler Green , Solicitor General, Lara Katz , Special Assistant Attorney General, Office of the Attorney General for the State of New Mexico, Adam Paul Laxalt , Attorney General, Office of the Attorney General for the State of Nevada, Lawrence VanDyke , Solicitor General, Marty J. Jackley , Attorney General, Office of the Attorney General for the State of South Dakota, Steven R. Blair , Assistant Attorney General, Erik E. Petersen and Michael M. Robinson , Senior Assistant Attorneys General, Office of the Attorney General for the State of Wyoming, Brad D. Schimel , Attorney General at the time the brief was filed, Office of the Attorney General for the State of Wisconsin, Misha Tseytlin , Solicitor General at the time the brief was filed, and Luke N. Berg , Deputy Solicitor General at the time the brief was filed, were on joint brief for State Intervenors' in support of the respondents. Lee P. Rudofsky , Solicitor, and Jamie L. Ewing , Assistant Attorney General, Office of the Attorney General for the State of Arkansas, Oramel H. Skinner, III , Solicitor, Office of the Attorney General for the State of Arizona, and Steven C. Kilpatrick , Assistant Attorney General, Office of the Attorney General for the State of Wisconsin, entered appearances.

Steven G. Barringer , Washington, DC, was on brief for the amici curiae Alaska Miners Association, et al. in support of the respondents.

Before: Henderson and Griffith, Circuit Judges, and Sentelle, Senior Circuit Judge.


In January 2017, acting pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9608(b), the Environmental Protection Agency (EPA) proposed setting financial responsibility requirements for the hardrock mining industry. Financial Responsibility Requirements...

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