The Ninth Circuit ruling, its consequences, and why Northport keeps paying the price.
In 2016, the Ninth Circuit Court of Appeals ruled in favor of Teck Cominco Metals, Ltd., the Canadian smelter whose toxic emissions have long crossed the border into Northport and the Upper Columbia River Valley. The court held that airborne deposition of hazardous substances does not qualify as “disposal” under CERCLA (the Superfund law), leaning on past case law that excluded air emissions from liability.
This decision allowed Teck to avoid accountability for monitoring its ongoing air emissions—even though past air monitoring in Northport has shown that the smelter admitted dangerous levels of heavy metals were present in the air we breathe. These airborne toxins are slow killers: they build up in the human body over years until people reach “body burden.” That is why health clusters in Northport only became obvious decades later, when multiple generations exposed since childhood began developing cancers and chronic illnesses at the same time.
The court’s narrow interpretation of the law effectively created a loophole for industry, shielding Teck from responsibility while leaving communities like ours to deal with the consequences. While the EPA has required some soil sampling and cleanups under a separate agreement, the broader problem remains unresolved: air pollution continues, yet the company is not compelled to monitor or mitigate it.
By excluding air emissions, the court protected industry over people. But there is hope: the Ninth Circuit recently reversed itself in another Teck-related case, ruling that the Tribes can recover millions in cleanup costs. If enough people speak up, maybe the courts will finally revisit air emissions too.
If this ruling troubles you, please speak up. Contact Washington’s Senators and your U.S. Representative to urge them to close the loophole in Superfund law that excludes air emissions:
- Senator Patty Murray – (202) 224-2621, www.murray.senate.gov
- Senator Maria Cantwell – (202) 224-3441, www.cantwell.senate.gov
- Find your U.S. Representative – www.house.gov/representatives/find-your-representative
You can also call on the EPA Region 10 office (Seattle) at (206) 553-1200 to demand expanded air monitoring in Northport. And please support the Confederated Tribes of the Colville Reservation and the Washington State Attorney General in their ongoing fight for accountability. Our community’s health depends on it.
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