Washington state and several Native American tribes are asking the U.S. Court of Appeals for the 9th Circuit to uphold a lower court's novel ruling finding air emissions stemming from a mining facility constituted "disposal" of hazardous substances under Superfund law, refuting arguments from a large mining company that the lower court decision conflicts with a 2014 ruling by the same circuit. Washington contends that Canadian mining company Teck Metals is making arguments in Joseph Pakootas, et al. v. Teck Cominco Metals that would allow for liability loopholes for two of the four types of parties subject to Superfund liability - arrangers and past owners or operators whose liability is triggered based on the act of "disposal." See page 2 for details. (Doc. ID: Document 185576)
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