Hecla Mining Co. v. United States

McKAY, Circuit Judge.

This case involves an appeal from the district court’s grant .of summary judgment. The district court refused to declare plaintiffs land parcels part of a government-funded cleanup program and refused to order defendants to undertake remedial action at the sites.

I. Facts

Hecla Mining Company owns two parcels near Naturita, Colorado. The first parcel, the Naturita parcel, was used to produce uranium for contracts with the United States government from 1939 to 1963. This production resulted in over 600,000 tons of waste known as tailings. In 1977, Ranchers Exploration and…