Environmental & Energy,
9th U.S. Circuit Court of Appeals
Mar. 22, 2016
A new basis for CERCLA liability?
The 9th Circuit has scheduled oral argument for April 6 to consider a novel legal theory under CERCLA in a case filed over a decade ago.
Christopher W. Smith
Associate
Pillsbury, Wintrop, Shaw & Pittman LLP
Phone: (323) 880-4520
Email: christopher.smith@gmlaw.com
The 9th U.S. Circuit Court of Appeals has scheduled oral argument for April 6 to consider a novel legal theory involving whether deposition of hazardous substances from air emissions should be exempt from liability under the Comprehensive Environmental Response, Compensation, and Liability Act, aka CERCLA.
In Pakootas v. Teck Cominco Metals Ltd., the district court already concluded that a Canadian smelter could be liable under CERCLA as an "arranger" based on its air emissi...
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