Victory for Shoshone-Bannock Tribes in Superfund case
August 22, 2025
The 9th Circuit issued an opinion on Friday in favor of the Shoshone-Bannock Tribes in their litigation over the Blackrock Land Exchange. The case challenged a proposed exchange between the U.S. Department of Interior and J.R. Simplot Company that would have expanded phosphate mining and added toxic waste piles to the Eastern Michaud Flats Superfund site.
In a 2-1 split, the 9th Circuit affirmed the Idaho District Court’s ruling that the exchange violated the 1900 Act treaty between the Tribes and the United States. This marks the Tribes’ second victory. Unless it is overturned on further appeal, the District Court will determine a remedy — likely a full vacatur of the proposed land exchange.
This is a major victory for the Shoshone-Bannock Tribes, and for clean water in Idaho. Snake River Waterkeeper worked with the Waterkeeper Alliance and a coalition of other partners in filing amicus briefs in support of the Tribes.