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Teck Metals Ltd., fka Teck Cominco Metals Ltd., a Canadian corporation v. Confederated Tribes of the Colville Reservation

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 24-5565 · judgment September 3, 2025


26%
estimated cert probability
(petition-stage, structural)
95% interval 20%–32%
Rule 10: dissent below, circuit split argued

About 6.2× the 4.1% base rate. The model weights this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a circuit split argued in the petition.

Question presented

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) authorizes the United States, the States, and Indian tribes to recover damages for “injury to, destruction of, or loss of natural resources.” 42 U.S.C. § 9607(a)(4)(C), (f)(1). Those damages may be recovered for “use only to restore, replace, or acquire the equivalent of such natural resources.” Id. § 9607(f)(1). The question presented is whether CERCLA authorizes damages for the felt loss of a cultural connection to natural resources.

Counsel of record

For petitioner
Jeffrey B. Wall
Gibson, Dunn & Crutcher LLP

For respondent
Paul J. Dayton
Ogden Murphy Wallace, PLLC

Case

Conference history

Amicus briefs
5 cert-stage

Linked docket
25A1263

Proceedings

  1. Aug 28 2026
    Brief amicus curiae of Pacific Legal Foundation filed.
  2. Aug 28 2026
    Brief amici curiae of The Mining Association of Canada, et al. filed.
  3. Aug 28 2026
    Brief amicus curiae of His Majesty the King in Right of the Province of British Columbia filed.
  4. Aug 28 2026
    Brief amici curiae of The National Mining Association, et al. filed.
  5. Aug 28 2026
    Brief amicus curiae of Washington Legal Foundation filed.
  6. Aug 26 2026
    Brief of respondent The Confederated Tribes of the Colville Reservation in opposition filed.
  7. Jul 24 2026
    Petition for a writ of certiorari filed. (Response due August 28, 2026)
  8. May 15 2026
    Application (25A1263) granted by Justice Kagan extending the time to file until July 24, 2026.
  9. May 14 2026
    Opposition to application for extension of time from respondent The Confederated Tribes of the Colville Reservation filed.
  10. May 12 2026
    Application (25A1263) to extend the time to file a petition for a writ of certiorari from May 27, 2026 to July 24, 2026, submitted to Justice Kagan.