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, Intervenor-Plaintiff-Appellee,
v.
TECK COMINCO METALS, LTD., a Canadian corporation, Defendant-Appellant.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted April 6, 2016 Seattle, Washington.
Filed July 27, 2016.
Attorney(s) appearing for the Case
Kevin M. Fong (argued), Pillsbury Winthrop Shaw Pittman LLP, San Francisco, California; Christopher J. McNevin , Pillsbury Winthrop Shaw Pittman LLP, Austin, Texas; for Defendant-Appellant.
Andrew A. Fitz (argued), Senior Counsel; Robert W. Ferguson , Attorney General of Washington; Washington State Attorney General's Office, Olympia, Washington, for Intervenor-Plaintiff-Appellee.
David S. Gualtieri (argued); John C. Cruden , Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C., for Amicus Curiae United States of America.
Before: Michael Daly Hawkins, Johnnie B. Rawlinson, and Consuelo M. Callahan, Circuit Judges.
OPINION
HAWKINS, Circuit Judge:
When a smelter emits lead, arsenic, cadmium, and mercury compounds through a smokestack and those compounds contaminate land or water downwind, can the owner-operator of the smelter be held liable for cleanup costs and natural resource damages under the Comprehensive Environmental Response, Compensation...
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