9th Circ. Won't Hear Teck's Appeal On CERCLA Liability
By Howard Goodman
Law360, New York (July 12, 2012, 7:13 PM EDT) -- The Ninth Circuit on Wednesday denied Teck Resources Ltd.'s attempt to appeal a Washington federal judge's ruling that the mining company will be fully responsible for cleanup costs if it is found to have deposited pollutants into the upper Columbia River, in an environmental lawsuit brought by state and tribal governments.
Teck, citing a previous Ninth Circuit opinion, had argued that the harm that's subject to apportionment is only the contamination that the government can trace to the mining company, but the district court said the...