Full 9th Circ. Won't Revisit Tribal Waste Permit Row

Law360 (January 14, 2020, 7:10 PM EST) -- The Ninth Circuit on Monday rebuffed a request by chemical maker FMC Corp. to undo a circuit panel’s ruling that the company must pay $1.5 million in yearly permit fees to store hazardous waste on the Shoshone-Bannock Tribes’ reservation in Idaho.

FMC petitioned the court in November to rehear en banc the panel’s unanimous decision earlier that month, arguing that the ruling improperly expanded the jurisdiction of tribal courts over nonmembers far beyond the rare instances prescribed in the 1981 U.S. Supreme Court case Montana v. United States.

The circuit panel had upheld an Idaho federal judge’s September 2017 ruling enforcing...

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