CERCLA Doesn't Trump Tribe's Damages Claim: Court

Law360, New York (February 25, 2009, 12:00 AM EST) -- In the long-running suit brought by the Quapaw tribe of Oklahoma against a group of mining companies over alleged contamination of tribal land, a federal court has ruled that the tribe's state law claims for natural resources damages are not preempted by the Comprehensive Environmental Response, Compensation and Liablity Act.

In an opinion signed Monday in the U.S. District Court for the Northern District of Oklahoma, Judge Claire V. Eagan denied a motion for judgment by defendant Burlington Northern Santa Fe Railway Co., rejecting the argument...
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