Monday, August 10, 2009

Tribes Not Liable Under CERCLA

On June 17, 2009,the US District Court for the Eastern District of Washington ruled that tribes are not "persons" under CERCLA, 42 U.S.C. Section 9601(21). The Court therefore granted the Tribe's Rule 12(b)(6) motion against Teck Cominco's counterclaims in Pakootas v. Teck Cominco Metals, Ltd., No. CV-04-256-LRS, --- F.Supp.2d ----, 2009 WL 1796808 (E.D. Wash. June 19, 2009). Jessica Ferrell of Martin Law Group has a good discussion of the case. Links to documents in the case can be found at Turtle Talk, the blog for the Indigenous Law and Policy Center at Michigan State University College of Law.