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Teck Metals Ltd. v. The Confederated Tribes of the Colville Reservation

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
18-1160 9th Cir. TBD TBD TBD TBD TBD

Disclosure: Vinson & Elkins LLP, whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief in support of the petitioner in this case.

Issues: (1) Whether the U.S. Court of Appeals for the 9th Circuit, in conflict with Morrison v. National Australia Bank Ltd. and RJR Nabisco Inc. v. European Community, correctly concluded that holding Teck liable for its discharges in Canada was not an impermissible extraterritorial application of the Comprehensive Environmental Response, Compensation and Liability Act; (2) whether the U.S. Court of Appeals for the 9th Circuit—in conflict with the Supreme Court’s decision in Walden v. Fiore, and the U.S. Courts of Appeals for the 2nd, 5th and 7th Circuits—correctly held that a State may exercise specific personal jurisdiction over a defendant because the defendant knew its conduct would have in-state effects, when the defendant’s relevant conduct occurred elsewhere; and (3) whether the U.S. Court of Appeals for the 9th Circuit—in conflict with the U.S. Court of Appeals for the 1st Circuit, and in tension with the opinions of the Supreme Court and several other circuits—correctly held that a defendant can be an “arranger” under CERCLA even if the defendant did not arrange for anyone else to dispose of or treat the waste.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Mar 04 2019Petition for a writ of certiorari filed. (Response due April 5, 2019)
Mar 22 2019Blanket Consent filed by Petitioner, Teck Metals Ltd., formerly known as Teck Cominco Metals, Ltd.
Mar 29 2019Motion to extend the time to file a response from April 5, 2019 to May 6, 2019, submitted to The Clerk.
Apr 02 2019Motion to extend the time to file a response from April 5, 2019 to May 6, 2019, submitted to The Clerk.
Apr 04 2019The motions to extend the time to file responses are granted and the time is extended to and including May 6, 2019, for all respondents.
Apr 05 2019Brief amicus curiae of Her Majesty the Queen in Right of the Province of British Columbia filed.
Apr 05 2019Brief amicus curiae of The Government of Canada filed.
Apr 05 2019Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
May 06 2019Brief of respondent State of Washington in opposition filed.
May 06 2019Brief of respondent The Confederated Tribes of the Colville Reservation in opposition filed.
May 20 2019Reply of petitioner Teck Metals Ltd., formerly known as Teck Cominco Metals, Ltd. filed.
May 21 2019DISTRIBUTED for Conference of 6/6/2019.
 
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