Jump to Navigation
Jump to Content

Coffey v. Freeport McMoren Copper & Gold

ELR Citation: 39 ELR 20209
Nos. No. 09-6106, (10th Cir., 09/04/2009)

The Tenth Circuit affirmed a lower court decision remanding to state court residents' class action lawsuit against a mining company for property contamination stemming from the company's mining operations. The residents originally filed the suit in state court, but the company removed the case to federal court, asserting federal jurisdiction based on the Class Action Fairness Act (CAFA) and CERCLA. The residents filed a motion to remand, and the lower court properly granted that motion. The residents demonstrated that their case fell within the "local controversy exception" to CAFA. The mining company is a defendant "from whom significant relief is sought by members of the plaintiff class." Moreover, even though the company is a New York corporation, it is considered an Oklahoma citizen under CAFA because its principal place of business is in Oklahoma.