Complaint in Atlantic Richfield Co. v. United States over Uranium Mining Remediation on Pueblo of Laguna Lands

Here is the complaint in Atlantic Richfield Co. v. United States (D. N.M.):

1-1 Complaint

An excerpt:

1. Atlantic Richfield seeks a declaration of its rights and other relief to prevent the United States from imposing upon Atlantic Richfield responsibility for funding or performing any environmental reclamation or remediation work at the Jackpile-Paguate Uranium Mine (the “Jackpile Site” or the “Site”), because Atlantic Richfield paid $43,600,000 to the Laguna and the United States in 1986 for a comprehensive settlement and release of Atlantic Richfield’s environmental liability for the Site.

2. The Jackpile Site is located within the Pueblo of Laguna Reservation in Cibola County, New Mexico. Before, during, and after mining operations at the Site by Atlantic Richfield’s predecessor, the United States held legal title to some or all of the land within the Site. The United States currently holds legal title to some or all of the land within the Site. At all relevant times, the federal trust doctrine imposed, and continues to impose, fiduciary duties upon the United States with regard to all of the land within the Jackpile Site.

3. The United States promoted and encouraged uranium exploration and mining on the Pueblo of Laguna Reservation, including at the Jackpile Site. Beginning in the 1940s, the United States implemented a decades-long program to locate, acquire, and process uranium ore and to purchase uranium ore and uranium concentrate for military purposes. The United States’ uranium procurement program ultimately included the Jackpile Site. Until the late 1960s, the United States was the sole purchaser of all the uranium produced from domestic uranium mines, including from the Jackpile-Paguate Uranium Mine. During this period, the United States exercised pervasive control over the domestic uranium industry, including all aspects of uranium exploration, production, processing, and marketing.