Prov Govt Marinduque v. Placer Dome, Inc.

BACKGROUND

The Provincial Government of Marinduque (“the Prov- ince”) sued Placer Dome Corporation in 2005 in Nevada state court for alleged human health, ecological, and economic damages caused by the company’s mining operations on Marinduque, an island province of the Republic of the Philip- pines.1 According to the complaint, Placer Dome severely pol- luted the lands and waters of Marinduque for some thirty 1 For purposes of determining whether removal was proper, our analysis concerns “the pleadings filed at the time of removal without reference to subsequent amendments.” Sparta Surgical Corp. v. Nat’l Ass’n of Sec. Dealers, Inc., 159 F.3d 1209, 1213 (9th Cir. 1998). The factual back- ground is thus derived from the allegations in the original complaint filed in state court. The Province sued in Nevada because, according to the complaint, Placer Dome conducts significant and continuous business in the state. MARINDUQUE v. PLACER DOME, INC. 14021 years, caused two cataclysmic environmental disasters, poi- soned the islanders by contaminating their food and water sources, and then left the province without cleaning up the mess—all in violation of Philippine…