9th Circuit Panel Denies Petitions For En Banc Review Of CERCLA Ruling

Mealey's (October 12, 2016, 11:03 AM EDT) -- SEATTLE — A Ninth Circuit U.S. Court of Appeals panel on Oct. 11 denied petitions from the State of Washington and the Confederated Tribes of the Colville Reservation seeking an en banc review of a July 27 ruling in which the panel held that a Canadian company’s emissions from its smelter cannot be considered a disposal of hazardous waste under the Comprehensive Environmental Response, Compensation, and Liability Act (Joseph Pakootas, et al. v. Teck Cominco Metals Ltd., No. 15-35228, 9th Cir.).

(Order available.  Document #08-161014-031R.)...
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