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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


17%
estimated cert probability
(petition-stage, structural)
95% interval 13%–23%
Rule 10: circuit split argued
Conference-stage estimate: 26%

About 4.2× the 4.1% base rate. The model weights this up for counsel who has won certiorari before, a circuit split argued in the petition, and a Ninth Circuit decision below.

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

Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Amicus briefs
5 cert-stage

Linked docket
25A1263

Order
Order list, October 5, 2026

Proceedings

  1. Oct 05 2026
    The Solicitor General is invited to file a brief in this case expressing the views of the United States.
  2. Sep 09 2026
    DISTRIBUTED for Conference of 9/28/2026.
  3. Sep 09 2026
    Reply of petitioner Teck Metals Ltd filed. (Distributed)
  4. Aug 28 2026
    Brief amicus curiae of Pacific Legal Foundation filed.
  5. Aug 28 2026
    Brief amici curiae of The Mining Association of Canada, et al. filed.
  6. Aug 28 2026
    Brief amicus curiae of His Majesty the King in Right of the Province of British Columbia filed.
  7. Aug 28 2026
    Brief amici curiae of The National Mining Association, et al. filed.
  8. Aug 28 2026
    Brief amicus curiae of Washington Legal Foundation filed.
  9. Aug 26 2026
    Brief of respondent The Confederated Tribes of the Colville Reservation in opposition filed.
  10. Jul 24 2026
    Petition for a writ of certiorari filed. (Response due August 28, 2026)
  11. May 15 2026
    Application (25A1263) granted by Justice Kagan extending the time to file until July 24, 2026.
  12. May 14 2026
    Opposition to application for extension of time from respondent The Confederated Tribes of the Colville Reservation filed.
  13. 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.