Confederated Tribes and Bands of the Yakama Nation v. United States of America et al
| Department of the Army, U.S. Army Corps Of Engineers and United States of America |
| Confederated Tribes and Bands of the Yakama Nation |
| 3:2014cv01963 |
| December 9, 2014 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Paul Papak |
| Environmental Matters |
| 42 U.S.C. ยง 9601 CERCLA Hazardous Waste Cleanup Costs |
| None |
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Filing
41
ORDER: The Court ADOPTS as modified Magistrate Judge Papaks Findings and Recommendation 33 as follows: 1. The Court DENIES Defendants Motion 27 for Summary Judgment. 2. The Court GRANTS Plaintiffs Motion 21 for Summary Judgment as to i ts oversight and funding costs and its claim for declaratory judgment as to Defendants liability for future response costs. 3. The Court DENIES Plaintiffs Motion 21 for Summary Judgment as to Plaintiffs costs associated with the adoption of the r egulation prohibiting fishing in the vicinity of Bradford Island. The only issues remaining for trial are (1) the amount of Plaintiffs response costs attributable to its oversight and funding activities and (2) whether the costs Plaintiff incurred to adopt the regulation prohibiting fishing in the vicinity of Bradford Island were caused by the release of hazardous substances from Bradford Island. Signed on 02/01/2016 by Judge Anna J. Brown. See attached 7 page Order for full text. (bb)
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