Washington Federal Court Rejects Teck Caminco Defenses in CERCLA Suit [Colville]

Here are newish materials in Pakootas v. Teck Caminco Metals (E.D. Wash.):

SCOTUS Denies Cert in Mitchell v. Tulalip; Teck Metals v. Colville; and King Mountain Tobacco

Here is the order list.

Mitchell materials here.

Teck Metals materials here.

King Mountain materials here.

Teck Metals v. Colville Cert Petition

Here is the petition in Teck Metals Ltd. v. Confederated Tribes of the Colville Reservation (No. 18-1160):

cert-petition.pdf

Update:

state-of-washington-bio.pdf

colville-tribes-bio.pdf

Questions presented:

1. Whether the Ninth Circuit, in conflict with Morrison v. National Australia Bank Ltd., 561 U.S. 247 (2010), and RJR Nabisco, Inc. v. European Community, 136 S. Ct. 2090 (2016), correctly concluded that holding Teck liable for its discharges in Canada was not an impermissible extraterritorial application of CERCLA.

2. Whether the Ninth Circuit, in conflict with this Court’s decision in Walden v. Fiore, 571 U.S. 277 (2014), and the Second, Fifth, and Seventh Circuits, correctly held that a State may exercise specific personal jurisdiction over a defendant because the defendant knew its conduct would have in-state effects, where the defendant’s relevant conduct occurred elsewhere.

3. Whether the Ninth Circuit, in conflict with the First Circuit and in tension with the opinions of this Court and several other circuits, correctly held that a defendant can be an “arranger” under CERCLA even if the defendant did not arrange for anyone else to dispose of or treat the waste.

Lower court materials here.

Ninth Circuit Affirms in Pakootas v. Teck Caminco Metals

Here is the opinion.

Briefs here.

Ninth Circuit Briefs in Pakootas v. Teck Caminco Metals

Here:

Teck Caminco Opening Brief

State of Washington Answer Brief

Colville Answer Brief

Reply

Federal Judge Orders Millions to be Paid to Colville/State Plaintiffs by Teck Caminco

Here is the order from Pakootas v. Teck Caminco Metals (E.D. Wash.):

1955 Phase I DCT Order

2417 Phase II DCT Order

Colville Press Release on Partial Settlement of Pollution Case against Teck Caminco Metals

Here is that release:

Colville Press Release