Canadian Smelter Liable for Aerial Emissions That Land on Superfund Site, DOJ Argues

摘要

The owner of a Canadian smelter is liable an as "arranger" for airborne pollutants it deposited on the Upper Columbia River Superfund Site in Washington, according to a Department of Justice brief filed in a closely-watched Ninth Circuit appeal (Pakootas v. Teck Cominco Metals Ltd., 9th Cir., No. 15-35228, brief filed 10/13/15). The Oct. 13 amicus curiae brief disputes arguments made by Teck Cominco Metals Ltd., the owner of the smelter, that a "disposal" under the Comprehensive Environmental Response, Compensation and Liability Act extends only to emissions deposited directly on land or water.