State of Idaho v. The Hanna Mining Company Noranda Mines Limited Noranda Exploration, Inc.
Opinion
Opinion
Farris, J.
Idaho seeks recovery for natural resource damages under the provisions of the Comprehensive Environmental Response, Compensation, and Liability Act (CERC-LA), 42 U.S.C. § 9607 . The district court ruled that the environmental impact statement exception of § 9607(f), which states that no liability shall be imposed if the damages “were specifically identified as an irreversible and irretrievable commitment of natural resources in an environmental impact statement,” did not apply. The district court based its decision on the failure of the EIS to incorporate the exact language in the statute, and certified that issue for interlocutory appeal.
The district court narrowly defined the issue it certified for appeal as whether the specific terms “irreversible” and “irretrievable” must be used in the EIS in order for the EIS exception of § 9607(f) to apply.
Idaho and amici raise an additional issue. They argue that the EIS defense of § 9607(f) should not apply to damages that arise from activities which occurred prior to issuance of the EIS. We affirm on this alternate ground.