Supreme Court of the United States · Official docket →
Columbia Falls Aluminum Company, LLC v. Atlantic Richfield Company
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-36042 · judgment January 31, 2023
Before the decision, about 2.9× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a circuit split argued in the petition, and down for a business respondent.
Question presented
Whether a district court’s equitable allocation of environmental response costs pursuant to Section 113(f)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9613(f)(1), is properly reviewed on appeal only for clear error, as the Fourth, Fifth, and Ninth Circuits have held, or for abuse of discretion, as the First, Second, Third, Sixth, Seventh, Tenth, and D.C. Circuits have held.
Counsel of record
For petitioner
Gregory George Garre
Latham & Watkins LLP
For respondent
Jonathan William Rauchway
Davis Graham & Stubbs LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 02 2023Petition DENIED.
- Aug 30 2023DISTRIBUTED for Conference of 9/26/2023.
- Aug 29 2023Reply of petitioner Columbia Falls Aluminum Co., LLC filed. (Distributed)
- Aug 11 2023Brief of respondent Atlantic Richfield Company in opposition filed.
- Jul 03 2023Motion to extend the time to file a response is granted and the time is extended to and including August 14, 2023.
- Jun 29 2023Motion to extend the time to file a response from July 13, 2023 to August 14, 2023, submitted to The Clerk.
- Jun 12 2023Petition for a writ of certiorari filed. (Response due July 13, 2023)