State, Tribes Seek Full 9th Circuit Review Of Landmark CERCLA Air Ruling

摘要

The state of Washington and Native American tribes are asking the full U.S. Court of Appeals for the 9th Circuit to review a landmark panel ruling that excluded hazardous substance emissions settling miles away on land or water from Superfund's reach - a conclusion the state says distorts the circuit's law and creates "absurd and arbitrary outcomes." The state and Confederated Tribes of the Colville Reservation Aug. 24 filed separate petitions asking for either a three-judge panel rehearing or a rehearing en bane by the full bench of the July ruling in Joseph A. Pakootas, et al. v. Teck Cominco Metals.