Tribes Can Appeal Issue Of CERCLA Cultural Resource Damages To 9th Circuit

(July 10, 2024, 2:27 PM EDT) -- SPOKANE, Wash. — A substantial ground for difference of opinion exists on whether the Confederated Tribes of the Colville Reservation are entitled to cultural resource damages under the Comprehensive Environmental Response, Compensation, and Liability Act caused by a smelter’s alleged disposal of millions of tons of toxic slag and liquid effluent into the Columbia River, a Washington federal judge found July 9 in granting the tribes’ motion for interlocutory appeal to the Ninth Circuit U.S. Court of Appeals....