Pakootas v. Teck Cominco Metals, Ltd.
United States District Court for the Eastern District of Washington
2012 WL 6546088, 76 ERC 1310 (2012)
- Written by Sean Carroll, JD
Facts
Teck Cominco Metals, Ltd. (Teck) (defendant) was a Canadian company that owned a smelter in Canada. Teck discharged waste in the Columbia River that made its way into the United States. The U.S. Environmental Protection Agency (EPA) directed Teck to conduct a study regarding cleanup of the river. Teck refused, asserting that the EPA did not have jurisdiction over it. Specifically, Teck claimed that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) did not apply to companies outside the United States. Joseph Pakootas (plaintiff) filed a citizen suit against Teck in United States federal court. Teck argued that the court did not have personal jurisdiction over it.
Rule of Law
Issue
Holding and Reasoning ()
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