United States Ninth Circuit

In a dispute involving a citizen suit jurisdiction under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), judgment of the district court denying defendant's motion to dismiss for lack of subject matter jurisdiction is affirmed because the action is not an extraterritorial application of CERCLA where, even though offending smelter was in located in Canada, slag discharged by smelter moved downstream into the United States.

Appellate Information

• Decided 06/01/2011
• Published 06/01/2011

Judges

• KLEINFELD

Court

• United States Ninth Circuit

Counsel