A three-judge panel of the 9th U.S. Circuit Court of Appeals has upheld a lower court decision finding a Canadian company is liable for polluting the Upper Columbia River in a hard-fought lawsuit between the Confederated Tribes of the Colville Reservation and the largest lead and zinc mining company in the world.
In a 55-page opinion issued Sep. 14, federal appellate court judges Ronald M. Gould, Richard A. Paez, and Michael J. McShane upheld a district-court decision that U.S. federal courts do have jurisdiction to find Teck Resources Ltd. (formerly Teck Cominco Metals) liable for polluting the river for close to a century.
The ruling upheld a lower court order for the company to reimburse the Colville tribe $8.25 million — $3.39 million the tribe paid to investigate the river’s pollution, plus $4.86 million in attorney fees and costs. The company must also pay $344,300 in prejudgment interest, bringing the total to nearly $8.6 million. Continue Reading →