Legal Opinion
Joseph Pakootas v. Teck Cominco Metals, Ltd.
Court of Appeals for the Ninth Circuit
Decided July 27, 2016No. 15-35228PublishedCited by 18 opinions
1Opinion of the Court
OPINION
HAWKINS, Circuit Judge:
When a smelter emits lead, arsenic, cadmium, and mercury compounds through a smokestack and those compounds contaminate land or water downwind, can the owner-operator of the smelter be held liable for cleanup costs and natural resource damages under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. § 9607(a)(3)? All parties agree the answer turns on whether the smelter owner-operator can be said to have arranged for the “disposal” of those hazardous substances within the meaning of CERCLA. Bound by a previous en banc…
2Cases cited24 opinions
- National Cable & Telecommunications Assn. v. Brand X Internet ServicesSupreme Court of the United States · 2005
- Miller v. GammieCourt of Appeals for the Ninth Circuit · 2003
- King v. BurwellSupreme Court of the United States · 2015
- Meghrig v. KFC Western, Inc.Supreme Court of the United States · 1996
- Utility Air Regulatory Group v. EPASupreme Court of the United States · 2014
19 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Sarmad Syed v. M-I, LLCCourt of Appeals for the Ninth Circuit · 2017
- Joseph Pakootas v. Teck Cominco Metals, Ltd.Court of Appeals for the Ninth Circuit · 2018
- City of Oakland v. Wells Fargo & CompanyCourt of Appeals for the Ninth Circuit · 2021
- Tenderloin Health v. Bank of the WestCourt of Appeals for the Ninth Circuit · 2017
- Otay Land Co. v. U.E. Ltd., L.P., California Court of Appeal, 5th District2017
13 more not listed; retrieve them via the Exa API.