DOJ LEAVES DOOR OPEN TO FUTURE SUITS ON SUPERFUND'S FOREIGN REACH

摘要

The Department of Justice (DOJ) is leaving the door open for EPA and other regulators using Superfund law to target pollution that stems from outside U.S. borders, while suggesting that any future suits will have to be more narrowly crafted than industry officials fear. In a Nov. 20 brief, DOJ officials urged the U.S. Supreme Court to reject an industry petition to review an appellate court ruling that allows application of Superfund liability to pollution that originated in Canada, arguing that the case — Teck Cominco Metals Limited v. Joseph Pakootas — is moot. Relevant documents are available under InsideEPA.com. See page 2 for details. The brief argues the industry petition seeking review of the appellate ruling does not meet the high court's standards for reviewing lower court rulings. "Specifically, [the industry] arguments do not identify any circuit split on this issue or novel legal issues that would warrant Supreme Court review," an EPA source says.