9th Circuit: Emissions From Smelter Do Not Constitute Disposal Of Hazardous Waste
Mealey's (July 28, 2016, 9:52 AM EDT) -- SEATTLE — A Ninth Circuit U.S. Court of Appeals panel on July 27 reversed a Washington federal judge’s ruling dismissing Indian tribes’ claim under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), finding that a Canadian company’s emissions from its smelter cannot be considered a disposal of hazardous waste (Joseph Pakootas, et al. v. Teck Cominco Metals Ltd., No. 15-35228, 9th Cir.; 2016 U.S. App. LEXIS 13662).
(Opinion available. Document #08-160812-034Z.)
A panel composed of Ninth Circuit Judges Michael Daly Dawkins, Johnnie B. Rawlinson and...