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PAKOOTAS v. TECK COMINCO METALS, LTD.

No. 16-35742.

905 F.3d 565 (2018)

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 Coville 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.

Filed September 14, 2018.

Attorney(s) appearing for the Case

Kevin Murray Fong (argued), Pillsbury Winthrop Shaw Pittman LLP, San Francisco, California; Christopher J. McNevin , Pillsbury Winthrop Shaw Pittman LLP, Austin, Texas; for Defendant-Appellant.

Paul Jerome Dayton (argued) and Brian S. Epley , Short Cressman & Burgess PLLC, Seattle, Washington; for Plaintiffs-Appellees.

Andrew Arthur Fitz (argued), Senior Counsel; Robert W. Ferguson , Attorney General; Kelly T. Wood , Assistant Attorney General; Office of the Washington Attorney General, Olympia, Washington; Intervenor-Plaintiff-Appellee.

Before: Ronald M. Gould and Richard A. Paez, Circuit Judges, and Michael J. McShane, District Judge.

OPINION

This appeal is the latest chapter in a multi-decade dispute centered on Teck Metals' liability for dumping several million tons of industrial waste into the Columbia River. Since we last heard an interlocutory appeal in this case, the district court dismissed Teck's divisibility defense to joint and several...

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