“The fact that Congress only required notice and comment on the final implementation plan under § 9611(i) indicates Congress likely made a considered decision to not require public comment at other stages of the NRD process,” the judge declared.
Uncertainty Fails to Sway Judgment
Despite Teck’s arguments regarding the uncertainty of natural resource damages calculations, Judge Bastian sided with the tribes and the state. He contended that Teck failed to demonstrate that uncertainty should lead to summary judgment in its favor, highlighting the inherent difficulty in predicting the cost of future projects and the common involvement of potential cost ranges in natural resource damages claims.
“Since questions of fact are present, a trial is needed to determine accurate damages,” Judge Bastian asserted.
Decades-Long Legal Battle
The litigation between the tribes and Teck has spanned nearly two decades. It began in 2004 when the tribes filed a complaint alleging that the smelter had dumped millions of tons of toxic slag into the Columbia River for over six decades. Teck has since admitted to the dumping of smelter waste containing hazardous chemicals directly into the river between 1930 and 1995.
