U.S. Superfund Law and Cross-Border Environmental Liability
Date:
June 6 2005
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").
Read more by clicking the download button.