United States Ninth Circuit

Affirmed that the operator of a lead and zinc smelter in Canada that dumped industrial waste into the Columbia River was jointly and severally liable for certain Indian tribes' costs of response. After a bench trial, the district court held that the company was liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for more than $8 million of the Indian tribes' response costs. On a certified appeal, the Ninth Circuit affirmed the partial judgment.

Appellate Information

• Published 2018/09/14

Judges

• Gould

Court

• United States Ninth Circuit

Counsel