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Pakootas v. Teck Cominco Metals, Ltd.

452 F.3d 1066 (2006)

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Pakootas v. Teck Cominco Metals, Ltd.

United States Court of Appeals for the Ninth Circuit
452 F.3d 1066 (2006)

SC

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 via the river. 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 filed a motion to dismiss on the ground that CERCLA did not apply to it as a foreign entity. The district court denied the motion. Teck appealed.

Rule of Law

Issue

Holding and Reasoning (Gould, J.)

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