Superfund Applies to International Companies

A federal court ruled that U.S. Superfund law applies to Teck Cominco Metals of Canada, even though the pollution that occurred in Washington state originated in Canada. This decision was filed recently in the Ninth Circuit Court of Appeals in Seattle. Two members of the Colville Tribe filed the original lawsuit, which the state joined, to force Teck Cominco to investigate and characterize the extent of the contamination in Lake Roosevelt. Cominco argued that the Superfund law does not apply to a Canadian company that discharged hazardous wastes from a Canadian facility.

“This decision is great news for all Washingtonians. Taxpayers should not have to foot the cleanup bill for contamination by a private company,” said Governor Chris Gregoire. “Teck Cominco and its predecessors used our state as a dumping ground for 90 years and they should pay for the cleanup.”

This decision has implications for any state that borders a foreign country. If a foreign company contaminates land within the U.S., the state can rely on United States law to govern cleanup and liability, instead of having to rely on less certain diplomatic processes.

In early June, the U.S. EPA and Teck Cominco Metals entered into an unusual agreement by which the company agreed to complete an investigation of contamination and conduct an evaluation of cleanup options under EPA oversight. The agreement limited state and tribal ability to participate fully in the cleanup process.

For more than 90 years, Cominco and its predecessors discharged mining waste directly into the Columbia River, which then flowed into Washington from smelter operations in Trail, British Columbia, causing significant heavy-metal contamination in Lake Roosevelt, the large reservoir behind Grand Coulee Dam. BFN