News & Analysis as of

Comprehensive Environmental Response, Compensation and Liability Act Contamination Tribal Lands

Saul Ewing LLP

Ninth Circuit Harmonizes Available CERCLA Natural Resource Damages with D.C. Circuit

Saul Ewing LLP on

Defining the scope of CERCLA natural resources damages is a rare occurrence in the Ninth Circuit, which is what is interesting about the recent decision in the case of Confederated Tribes of the Colville Reservation v. Teck...more

Beveridge & Diamond PC

Ninth Circuit Creates New Challenge for Divisibility in Complex CERCLA Sites

Beveridge & Diamond PC on

The Ninth Circuit Court of Appeals in Pakootas v. Teck Cominco Metals, Ltd., affirmed the Eastern District of Washington’s decision to find Teck liable for more than $8.25 million in damages to the Colville Confederated...more

Morrison & Foerster LLP

Ninth Circuit Rejects CERCLA Liability for Air Emissions

Do air emissions of hazardous substances create a cleanup liability under the Superfund? In the closely watched case of Pakootas, et al. v. Teck Cominco Metals, Ltd., the Ninth Circuit said, “no,” becoming the highest court...more

Farella Braun + Martel LLP

New Ninth Circuit Decision Precluding CERCLA Liability for Airborne Emissions

Yesterday, the Ninth Circuit Court of Appeals issued in the long-running Pakootas v. Teck Cominco Metals, Ltd. litigation another important decision further defining the scope of liability under the federal Comprehensive...more

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