Short Cressman Blog District Court Rules That CERCLA "Disposal" May Include Aerial Emissions

On July 29, 2014, the U.S. District Court in the Eastern District of Washington issued a key ruling for the Confederated Tribes of the Colville Reservation (the Tribes) and the State of Washington (the State) in their suit to hold Canadian smelting giant, Teck Metals, Ltd., (Teck) accountable for releasing hazardous materials into the Upper Columbia River and adjacent uplands from its large smelter in Trail, British Columbia. In an order denying Teck's motion to strike or dismiss plaintiffs' new allegations of aerial waste disposal, the Court confirmed that Teck could be held liable under the Comprehensive, Environmental Response, Compensation, and Liability Act (CERCLA) for aerial emissions discharged from its smelter stacks and deposited onto land or water in the Upper Columbia River Site.