I. FactsTeck Cominco Metals Limited (Teck Cominco), a Canadian mining company, owns a smelter in Trail, British Columbia. From 1905 to 1995, slag from the smelter was dumped in the Columbia River, ten miles north of the border with Washington. Pollution flowed downstream into the United States.
In 1999, the Colville Tribes petitioned the Environmental Protection Agency (EPA) to assess environmental contamination in the Columbia River and Lake Roosevelt, which border their reservation’s lands. The EPA completed its investigation in 2003, determining that the Upper Columbia River site was eligible for inclusion on CERCLA’s National Priorities List. That list is colloquially called the “Superfund List” because sites on it are top priorities for cleanup and are eligible for CERCLA-financed remedial action.
While the EPA’s investigation was still ongoing in 2002, Teck Cominco and its American subsidiary, Teck Cominco American Incorporated, negotiated with the EPA, but did not reach an agreement. Complications arose from, among other reasons, Canadian government concerns about Canadian sovereignty and the American assertion of jurisdiction.
Judge(s): Andrew J. Kleinfeld
Jurisdiction: U.S. Court of Appeals, Ninth Circuit
Related Categories: Civil Remedies
|Circuit Court Judge(s)|
|Trial Court Judge(s)|
|Intervenors Lawyer(s)||Intervenors Law Firm(s)|
|Kristie Carevich||Office of the Washington Attorney General|
|Michael Dunning||Office of the Washington Attorney General|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|Paul Dayton||Short Cressman & Burgess, PLLC|
|Appellee Lawyer(s)||Appellee Law Firm(s)|
|Douglas Floyd||Pillsbury Winthrop Shaw Pittman LLP|
|Kevin Fong||Pillsbury Winthrop Shaw Pittman LLP|