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How CERCLA's ambiguities muddled the question of exterritoriality in Pakootas v. Teck Cominco Metals, Ltd
Diamond, Jordan
Diamond, Jordan
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Abstract
"For almost ninety years Teck Cominco Metals, Ltd., a Canadian company, discharged hazardous substances into a stretch of the Columbia River located in Canada which then migrated downstream and caused environmental harm in northern Washington State. Considering a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claim brought against the company, the federal district court found the case required an extraterritorial application of CERCLA; that to have held it involved a domestic application of the statute would have required dependence on a “legal fiction.” The Ninth Circuit affirmed the decision, but reversed the reasoning. It held the facts only triggered a domestic application of the remedial statute." (p. 1)
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2007
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With permission of the license/copyright holder