Chemical Maker Says 9th Circ. Gave Tribes Too Much Reach

Law360 (December 2, 2019, 4:47 PM EST) -- Chemical manufacturer FMC Corp. said that a recent Ninth Circuit panel decision requiring the company to pay $1.5 million in yearly permit fees to store hazardous waste on the Shoshone-Bannock Tribes’ reservation should be reheard en banc because it improperly expands the jurisdiction of tribal courts.

FMC said the unanimous panel decision from November that upheld the tribal court’s jurisdiction over the permit fee issue expands the court’s power over nonmembers far beyond the rare instances prescribed in the 1981 Supreme Court case Montana v. United States. Tribal jurisdiction over nonmembers is supposed to be rare, but the panel ignored that...

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