Washington Federal Judge: Cultural Resource Damages Not Available Under CERCLA

(February 7, 2024, 1:22 PM EST) -- SPOKANE, Wash. — The Confederated Tribes of the Colville Reservation are not entitled to cultural resource damages arising from a smelter’s alleged disposal of millions of tons of toxic slag and liquid effluent into the Columbia River because such damages are not available under the Comprehensive Environmental Response, Compensation, and Liability Act, a Washington federal judge found in granting the smelter’s motion for partial summary judgment on Feb. 6....