Tribes have authority over FMC site after Supreme Court does not pick up case

The U.S. Supreme Court has decided not to hear a lawsuit between FMC and the Shoshone-Bannock Tribes. FMC is a former phosphate factory located in both Power County and the Fort Hall Indian Reservation, and the Tribes, which control the reservation, sued for greater control over the environmental waste there. The lawsuit has been ongoing for over a decade.

The decision upholds the ruling of the Ninth District Court of Appeals. The Ninth District ruled in favor of the Tribes, giving the Tribes authority over the site of the factory. The decision could cost FMC millions of dollars as they pay the Tribes for storing toxic waste on the reservation.

A statement from FMC said the company was dismayed at the decision.

“FMC is disappointed the U.S. Supreme Court has declined to hear the case FMC v. Shoshone-Bannock Tribes. While we believe our arguments were legally correct, we accept the decision …
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