Coeur D'Alene Tribe v. Asarco Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “Applying Bestfoods in an arranger liability context, it appears that arranger liability requires active involvement in the arrangements of disposal of hazardous substances.”
• requiring possession of the waste and the exercise of “actual control over the disposal of mining tailings”
• finding no United States operator liability even where compliance with the government's wartime directives was mandatory
• finding injury to natural resources where, inter alia, the hazardous substances at issue were present in the surface water, ground water and soils at the site
• distinguishing FMC where the mining companies maintained actual control over the mines and mills, hired and fired its owner employees, and voluntarily decided to mine for metals and participate in the government's premium plan
• \Th[e] passive movement and migration of hazardous substances by mother nature (no human action assisting in the movement) is still a `release' for purposes of CERCLA in this case.\

Source: CourtListener parenthetical corpus (CC0).