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PAKOOTAS v. TECK COMINCO METALS, LTD.

Nos. 08-35951, 10-35045.

641 F.3d 1178 (2011)

Joseph A. PAKOOTAS, an individual and enrolled member of the Confederated Tribes of the Colville Reservation and Donald R. Michel, an individual and enrolled member of the Confederated Tribes of the Colville Reservation, Plaintiffs-Appellants, State of Washington, Petitioner-Intervenor-Appellant, and Confederated Tribes of the Colville Reservation, Plaintiff, v. TECK COMINCO METALS, LTD., a Canadian corporation, Defendant-Appellee. Joseph A. Pakootas, an individual and enrolled member of the Confederated Tribes of the Colville Reservation; Donald R. Michel, an individual and enrolled member of the Confederated Tribes of the Colville Reservation; Confederated Tribes of the Colville Reservation, Plaintiffs-Appellees, State of Washington, Plaintiff-Intervenor-Appellee, v. Teck Cominco Metals, Ltd., a Canadian corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 1, 2011.

Attorney(s) appearing for the Case

Paul J. Dayton , Short Cressman & Burgess, PLLC, Seattle, WA, for the appellants.

Michael L. Dunning (argued), and Kristie E. Carevich (briefed), Assistant Attorneys General, Olympia, WA, for intervenor-appellant State of Washington.

C. Douglas Floyd (argued), and Kevin M. Fong (briefed), Pillsbury Winthrop Shaw Pittman LLP, San Francisco, CA, for the appellee.

Before: ARTHUR L. ALARCÓN, ANDREW J. KLEINFELD, and RICHARD R. CLIFTON, Circuit Judges.

OPINION

KLEINFELD, Circuit Judge:

We address citizen suit jurisdiction under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

I. Facts

Teck Cominco Metals Limited (Teck Cominco), a Canadian mining company, owns a smelter in Trail, British Columbia. From 1905 to 1995, slag from the smelter was dumped in the Columbia River, ten miles north of the border with Washington.1 Pollution...

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