U.S. Supreme Court: Canadian Smelter Must Clean U.S. Pollution

In rejecting Teck's request for review, the Supreme Court let stand the federal appeals court decision that the Canadian company must comply with U.S. laws that hold polluters accountable for the contamination they create within the United States.

The original lawsuit arose from Teck Cominco's refusal to comply with U.S. laws to study the contaminants released by the mining company in and around Lake Roosevelt and the Upper Columbia River in eastern Washington state.

For nearly 100 years, Teck Cominco's smelter in Trail, British Columbia discharged more than 20 million tons of slag and wastes that contained metals like lead, zinc, mercury, arsenic and other toxics. The smelter is located a few miles north of the U.S. border on the Columbia River.

Teck Cominco smelter in Trail, British Columbia (Photo courtesy Our BC)

On July 16, 2004, leaders of the Colville Tribe Joseph Pakootas and D.R. Michel filed suit against Teck Cominco Metals. Supported by the Colville Business Council and the state of Washington, the lawsuit aimed to force compliance with a U.S. Environmental Protection Agency, EPA, Unilateral Administrative Order to study contamination in and around Lake Roosevelt.

"We are, of course, very pleased with this decision," said Virgil Seymour, a member of the Colville Tribe's Business Council. "As the case now stands, the courts have ruled that the U.S. has jurisdiction over Teck Cominco under the United States' Superfund law for the pollution it created in the U.S."

The Confederated Tribes of the Colville Reservation is a sovereign nation and a federally recognized American Indian Tribe. Today, over 9,000 descendants of 12 aboriginal tribes of Indians are enrolled in the Colville Tribes. The Colville Reservation land base covers 1.4 million acres located in north central Washington.

"The law, the facts and moral principles are clearly on our side," said Seymour. "Teck Cominco is responsible for contaminating the United States and should be held accountable for cleaning up its mess to U.S. and Tribal standards."

Lake Roosevelt stretches about 150 miles from Grand Coulee Dam upstream to the Canadian border, making it among the largest lakes in Washington state. The Colville Confederated Tribes is a key partner with the state of Washington and the federal government in the management of Lake Roosevelt, which is a National Recreation Area and a state park.

In June 2006, Teck Cominco and the EPA signed a settlement agreement to investigate contamination at the site, but tribal leaders say progress has been "disappointing."

Lake Roosevelt is a U.S. National Recreation Area and a Washington State Park. (Photo courtesy Washington State Parks)

"The Tribe is not a party to this agreement and we don't have confidence in it because it is outside the framework of U.S. environmental law," Seymour said. "The reality is that after two years of work, there's been little progress made. We still don't understand the extent of contamination or its impacts on the environment, Tribal members or other people here."

Teck Cominco American said Monday it will continue to fulfill its obligations under the settlement agreement and complete a voluntary Remedial Investigation and Feasibility Study to determine if any risks to human health and the environment result from past releases from Teck Cominco Metals' refinery at Trail, British Columbia.

"This multi-year study will use the latest science developed by the EPA and other researchers to determine the true risks in the reservoir system," the company said. The study is scheduled for completion in 2011.

The government of Canada, the province of British Columbia, and the Chambers of Commerce of both Canada and the United States had all joined Teck Cominco in arguing that diplomatic processes, and not the courts of the United States, are the forum in which to resolve cross-border issues of this nature, the company said.

The case will now revert to the District Court of Eastern Washington where Teck says the company "will vigorously defend against the complaints."

"The Tribe looks forward to continuing this case and will do everything we can to force Teck Cominco to accept its responsibilities under U.S. law," said Seymour.

A hearing or scheduling conference has not yet been scheduled.

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