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U.S. Superfund Law and Cross-Border Environmental Liability
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Date: June 6 2005 |
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A recent decision of the U.S. District Court for the Eastern District of Washington (
Pakootas v. Teck Cominco Metals, Ltd.) in a long simmering dispute between a U.S. First Nations group, the U.S. Environmental Protection Agency ("EPA") and a large Canadian mining company raises the prospect of liability for environmental impacts in the U.S. caused by activities carried out outside the U.S. The basis of the decision was a certain reading of the U.S. superfund law (also known as the Comprehensive Environmental Response, Compensation and Liability Act or "CERCLA")...
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