On August 12, 2016, Justice Suko of the U.S. District Court
(Eastern District of Washington) ruled that Teck Cominco Metals, Ltd., a
Canadian company, was liable to the Confederated Tribes of the
Coleville Reservation for "response costs" of $8.25
million, plus prejudgment interest, under the Comprehensive
Environmental Response and Liability Act (CERCLA). The Tribe
alleged that Teck, as a result of its Canadian operations located
in Trail, British Columbia along Lake Roosevelt, deposited
hazardous substances into the Upper Columbia River and was liable
under CERCLA in the United States.
The case has had a long history and is still not over. The suit
was launched in 2004, and promptly challenged on jurisdictional
grounds by Teck, on the basis that US law could not apply to what a
Canadian company lawfully does in Canada. As we
reported in 2008, the US Supreme Court concluded that US law
could apply to a Canadian company and the suit proceeded.
