Indian Tribes Not 'Persons' Under CERCLA: Judge

Law360, New York (June 23, 2009, 12:00 AM EDT) -- A judge has dismissed Teck Cominco Metals Ltd.'s liability counterclaims against a group of American Indian tribes in northern Washington that alleges the Canadian mine company contaminated a local lake, ruling that the tribes do not count as "persons" under the federal law regulating the Superfund program.

Judge Lonny R. Suko of the U.S. District Court for the Eastern District of Washington held Friday that the Comprehensive Environmental Response, Compensation and Liability Act is not ambiguous and clearly does not include tribes in its definition of...
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