The Ninth Circuit reversed a district court’s denial of a motion to dismiss claims brought against a smelting operation alleging that air pollutants from the operation that were blown downwind and deposited on land and water made the smelting operation an “arranger for disposal” under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”). The case is Pakootas v. Teck Cominco Metals, Ltd.
Ninth Circuit Rules No Arranger Liability for Smelter’s Air Pollutants under CERCLA
Michael Van Zandt
August 8, 2016