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New Mexico v. Colorado

Pending petition
Docket No. Argument Opinion Vote Author Term
22O147 TBD TBD TBD TBD TBD

Issue: (1) Whether Colorado is liable under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9607(a), and common law for all costs, including prejudgment interest, incurred by New Mexico in responding to releases or threatened releases of hazardous substances from the Gold King Mine, the Sunnyside Mine, or the American Tunnel to the date of judgment; (2) whether Colorado is liable under CERCLA, 42 U.S.C. § 9613(g)(2), and common law, for all response costs that will be incurred by New Mexico in responding to releases or threatened releases of hazardous substances from the Gold King Mine, the Sunnyside Mine, or the American Tunnel; (3) whether Colorado is in violation of the Resource Conservation and Recovery Act's imminent and substantial endangerment provision, 42 U.S.C. § 6972(a)(1)(B), until it ceases the disposal of hazardous substances from the Gold King Mine and the Sunnyside Mine, including, but not limited to, acid wastewater, mine sludge, mine-dump runoff, and metals into the Animas River watershed; (4) whether Colorado has negligently, recklessly and willfully authorized and allowed the discharge of toxic mine waste directly into the Animas River in a manner that has injured and continues to threaten the health, safety, and comfort of downstream New Mexico residents; (5) whether the court should award New Mexico compensatory, consequential, and punitive damages caused by Colorado's negligent, reckless, and willful conduct, including, but not limited to, investigation, clean-up, and remedial costs, economic loss, diminution in value, and stigma damages; (6) whether the court should order Colorado to abate the ongoing public nuisance in the Upper Animas Mining District and the Animas River within Colorado; and (7) whether Colorado is liable for all costs incurred and costs that may be incurred by New Mexico to abate the nuisance in the Animas and San Juan Rivers within New Mexico.

SCOTUSblog Coverage

DateProceedings and Orders
Jun 20 2016Motion for leave to file a bill of complaint filed.
Aug 15 2016Order extending time to file a response to the Motion For Leave to File a Bill of Complaint to and including October 21, 2016.
Oct 21 2016Brief of Defendant Colorado in opposition filed.
Nov 04 2016Reply of petitioner New Mexico, Plaintiff filed.
Nov 07 2016DISTRIBUTED for Conference of November 22, 2016.
Nov 28 2016The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 23 2017Brief amicus curiae of United States filed.
Jun 06 2017DISTRIBUTED for Conference of June 22, 2017.
Jun 06 2017Response to the United States' amicus curiae brief by New Mexico, Plaintiff filed.
Jun 26 2017Motion for leave to file a bill of complaint DENIED. Justice Thomas and Justice Alito would grant the motion for the reasons stated in Nebraska v. Colorado, 577 U. S. ___ (2016) (Thomas, J., dissenting).
 
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