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Environmental

Aug. 12, 2016

Court leaves cracks for 'aerial emissions' liability under CERCLA

While the 9th Circuit appears to have shut the door on aerial emissions giving rise to environmental liability under the Comprehensive Environmental Response, Compensation, and Liability Act, it left a couple of windows open in the process. By Christopher W. Smith

Christopher W. Smith

Associate
Pillsbury, Wintrop, Shaw & Pittman LLP

Phone: (323) 880-4520

Email: christopher.smith@gmlaw.com

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By Christopher W. Smith

While the 9th U.S. Circuit Court of Appeals appears to have shut the door on aerial emissions giving rise to environmental liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or Superfund, it left a couple of windows open in the process.

In Pakootas v. Teck Cominco Metals Ltd., 2016 DJDAR 7602 (July 27, 2016), the 9th Circuit resolved the latest of a series of e...

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