Legal Opinion
State of Idaho v. The Hanna Mining Company Noranda Mines Limited Noranda Exploration, Inc.
Court of Appeals for the Ninth Circuit
Decided August 10, 1989No. 88-3760PublishedCited by 29 opinions
1Opinion of the Court
FARRIS, Circuit Judge:
Idaho seeks recovery for natural resource damages under the provisions of the Comprehensive Environmental Response, Compensation, and Liability Act (CERC-LA), 42 U.S.C. § 9607. The district court ruled that the environmental impact statement exception of § 9607(f), which states that no liability shall be imposed if the damages “were specifically identified as an irreversible and irretrievable commitment of natural resources in an environmental impact statement,” did not apply. The district court based its decision on the failure of the EIS to incorporate the exact…
2Cases cited10 opinions
- Reiter v. Sonotone Corp.Supreme Court of the United States · 1979
- Reiter v. Sonotone Corp.Supreme Court of the United States · 1979
- The State of New York v. Shore Realty Corp. And Donald LeograndeCourt of Appeals for the Second Circuit · 1985
- Bersch v. Drexel Firestone, Inc.Court of Appeals for the Second Circuit · 1975
- United States v. Reilly Tar & Chemical Corp.District Court, D. Minnesota · 1982
5 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- 3550 Stevens Creek Associates, a Limited Partnership v. Barclays Bank of CaliforniaCourt of Appeals for the Ninth Circuit · 1990
- B.F. Goodrich Co. v. MurthaCourt of Appeals for the Second Circuit · 1992
- R.R. Street & Co. v. Pilgrim Enterprises, Inc.Texas Supreme Court · 2005
- United States v. Iron Mountain Mines, Inc.District Court, E.D. California · 1993
- Companies for Fair Allocation v. Axil Corp.District Court, D. Connecticut · 1994
24 more not listed; retrieve them via the Exa API.