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Expert Analysis

Case Law Has Air Emissions Liability Still Up In The Air

Law360, New York (April 27, 2015, 11:10 AM EDT) -- On March 25, 2015, the Ninth Circuit agreed to hear an interlocutory appeal of the U.S. District Court for the Eastern District of Washington's decision in Pakootas v. Teck Cominco Metals Ltd.[1] The Ninth Circuit will consider the district court's ruling that air emissions of hazardous substances that settle on land or water constitute "disposal" under the Comprehensive Environmental Response, Compensation and Liability Act....

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