9th Circuit Orders Tribes, Washington To Respond To Rehearing Request

Mealey's (October 11, 2018, 8:50 AM EDT) -- SEATTLE — A Ninth Circuit U.S. Court of Appeals panel on Oct. 2 ordered the state of Washington and the Confederated Tribes of the Colville Reservation to respond to Teck Cominco Metals Ltd.’s Sept. 28 motion for a panel rehearing and request for en banc hearing of a Sept. 14 decision that affirmed a federal court’s finding that the Confederated Tribes of the Colville Reservation are entitled to recover more than $8.25 million in response costs from a polluter of the Columbia River for enforcement actions taken under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (Joseph A. Pakootas, et al. v. Teck Cominco Metals, Ltd., No. 16-35742, 9th Cir., 2018 U.S. App. LEXIS 27942)....