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Moreland Properties LLC, a Colorado Limited Liability Company v. Goodyear Tire & Rubber Company, an Ohio Corporation, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 24-2451 · judgment August 26, 2025
Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a business petitioner, and down for a business respondent.
Question presented
Under CERCLA, private parties who clean up contaminated land may recover their costs from polluters only if their cleanup substantially complies with the National Contingency Plan. 42 U.S.C. § 9607(a). When the United States government, a State, or an Indian tribe conducts a cleanup itself, it enjoys a presumption of compliance with the National Contingency Plan. Id. And when private parties obtain EPA approval of their cleanup, they too enjoy a presumption of compliance. 40 C.F.R. § 300.700(c)(3)(ii). The question presented, which has divided the circuits 3-4, is whether a private party whose cleanup is reviewed and approved by a State likewise enjoys a presumption of substantial compliance with the National Contingency Plan.
Counsel of record
For petitioner
Dominic Emil Draye
Greenberg Traurig, LLP
For respondent
Meir Feder
Jones Day
Proceedings
- May 18 2026Petition DENIED.
- Apr 22 2026DISTRIBUTED for Conference of 5/14/2026.
- Apr 17 2026Reply of petitioner Moreland Properties LLC filed.
- Apr 03 2026Brief of respondents Goodyear Tire & Rubber Company, et al. in opposition filed.
- Feb 04 2026Motion to extend the time to file a response is granted and the time is extended to and including April 3, 2026.
- Feb 03 2026Motion to extend the time to file a response from March 4, 2026 to April 3, 2026, submitted to The Clerk.
- Feb 02 2026Response Requested. (Due March 4, 2026)
- Jan 28 2026DISTRIBUTED for Conference of 2/20/2026.
- Jan 28 2026Brief amici curiae of Arizona Legislature, et al. filed. (Distributed)
- Jan 22 2026Waiver of right of respondent Goodyear Tire & Rubber Company, et al. to respond filed.
- Dec 22 2025Petition for a writ of certiorari filed. (Response due January 28, 2026)
- Nov 04 2025Application (25A505) granted by Justice Kagan extending the time to file until December 24, 2025.
- Oct 28 2025Application (25A505) to extend the time to file a petition for a writ of certiorari from November 24, 2025 to December 24, 2025, submitted to Justice Kagan.