Oregon Public Broadcasting

A panel of the U.S. Supreme Court has dealt a setback to a Canadian mining company that sent contaminants into a waterway in Northeastern Washington State. Steve Jackson reports.

Teck Cominco had asked that the court dismiss a case filed by the Colville tribe that demanded the Canadian company comply with U.S. laws in dealing with pollution from its smelter in Trail, BC, that has polluted
Lake Roosevelt in Northeast Washington.

The Canadian company argued that the U.S. court had no jurisdiction in an international case. But the Supreme Court panel disagreed, saying the case can proceed in U.S. district court.

Teck Cominco spokesman Dave Godlewski says while they are disappointed in the ruling, his company has been working with the U.S. Environmental Protection Agency to determine how best to formulate a plan for study
and clean up of the mining waste.

Dave Godlewski: “The landscape has changed, because we have entered into a settlement agreement with the EPA and have been working since 2006 on a feasibility study to determine what the risks are on Lake Roosevelt and the upper Columbia River from our past disposal practices.’

But attorney for the Colville tribe, Paul Dayton, says Teck Cominco arrangement with EPA to pay for a study into the risk posed by the pollution, came after the original district court ruling was appealed by the Canadian company.

Paul Dayton: “Now Teck and EPA have reached an agreement to do something like that but not under U.S. law, so the question now is what we need to do under U.S. law now that the Supreme Court says the Ninth circuit case will stand.”

Dayton says the tribe is also asking the court to decide on statutory penalties and recovery of natural resource damage.

The attorney for the tribe says he expects the case will be heard by the district sometime in the next few months.