9th Circ. Revives Calif. City's $31M Tainted-Water Case

By Joyce Hanson (August 8, 2017, 3:37 PM EDT) -- A Ninth Circuit panel on Monday slapped down a lower court's dismissal of Pomona, California's $31 million suit claiming that perchlorate-laden fertilizer produced by mining giant SQM North America Corp. contaminated the city's water, finding the court abused its discretion by limiting testimony by one of the city's experts.

The California district court also failed to make sufficient findings before admitting the testimony of one of SQM's experts, the panel said in a 25-page published opinion summary that vacated the dismissal of Pomona's suit alleging that SQM, the U.S. subsidiary of Chilean chemical company Sociedad Quimica y Minera SA, is liable...

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