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Environment & Energy Report

FMC Must Pay Millions for Storing Hazardous Waste on Tribal Land

Nov. 15, 2019, 7:08 PM

FMC Corp. must pay more than $20 million to the Shoshone-Bannock Tribes for storing hazardous waste on reservation land in Idaho, the Ninth Circuit affirmed Nov. 15.

FMC operated an elemental phosphorus plant on fee land within the Shoshone Bannock Fort Hall Reservation for over 50 years, generating approximately 22 million tons of radioactive, carcinogenic, and poisonous waste, according to the court. The EPA declared the plant and storage area a Superfund site and charged FMC with violating the Resource Conservation and Recovery Act. A consent decree settling that suit required FMC to obtain permits from the tribes.

FMC and...

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