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FMC CORPORATION v. SHOSHONE-BANNOCK TRIBES

Nos. 17-35840, 17-35865.

942 F.3d 916 (2019)

FMC CORPORATION, Plaintiff-Appellant/Cross-Appellee, v. SHOSHONE-BANNOCK TRIBES, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 15, 2019.

Attorney(s) appearing for the Case

Gregory G. Garre (argued), Elana Nightingale Dawson , and Genevieve P. Hoffman , Latham & Watkins LLP, Washington, D.C.; Ralph H. Palumbo , Yarmuth Wilsdon PLLC, Seattle, Washington; Lee Radford , Parsons Behle & Latimer, Idaho Falls, Idaho; Maureen L. Mitchell , Fox Rothschild LLP, Seattle, Washington; for Plaintiff-Appellant/Cross-Appellee.

Douglas B. L. Endreson (argued) and Frank S. Holleman , Sonosky Chambers Sachse Endreson & Perry LLP, Washington, D.C.; William F. Bacon , Shoshone-Bannock Tribes, Fort Hall, Idaho; Paul C. Echo Hawk , Echo Hawk Law Office, Pocatello, Idaho; for Defendant-Appellee/Cross-Appellant.

Before: Michael Daly Hawkins and William A. Fletcher, Circuit Judges, and David C. Bury, District Judge.

OPINION

For over 50 years, FMC Corporation ("FMC") operated an elemental phosphorus plant on fee land within the Shoshone-Bannock Fort Hall Reservation ("Reservation") in Idaho. FMC's operations produced approximately 22 million tons of hazardous waste that is currently stored on the Reservation. The waste is...

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