In the late 1990s, the United States and the Shoshone-Bannock Tribes approached FMC Corporation, a mining company operating in Idaho, about potential violations of federal and tribal environmental laws.
FMC reached an agreement with each party. FMC agreed to pay the tribes $1.5 million per year in lieu of applying for certain tribal permits. Concerning federal law, FMC and the United States entered into a detailed agreement (“consent decree”), which they presented to the federal district court for approval. The district court approved the consent decree, and the court of appeals affirmed.
