504 F.3d 946 (9th Cir. 2007)
United States v. Newmont Mining Corp.
Can Newmont Mining Corp. be held liable as an 'operator' under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for contamination at a mining site it indirectly controlled through its subsidiaries?
Under CERCLA, liability may attach to a party that is deemed an 'operator' or 'arranger' of a facility's operations, especially if they exercised substantial control over the facility or arranged for the disposal or treatment of hazardous waste.
The Ninth Circuit Court held that Newmont Mining Corp. could indeed be considered liable under CERCLA as it exercised sufficient control over the operations at the Holden Mine Site to qualify as an 'operator' responsible for the disposal of hazardous waste.
For law students, this case illustrates the nuanced interpretation and application of CERCLA's liability provisions. It provides insights into corporate structures and the inter-related responsibilities of parent and subsidiary companies concerning environmental obligations. This case is a cornerstone for understanding how secondary liability and indirect control can be sufficient to impose environmental cleanup responsibilities under federal law, an important aspect of environmental and corporate law.