Posts Tagged ‘Northport’

Northport WA Historical Website 

Take a minute and explore the Northport Washington Historical Society Website!

Click here for website:  Northport Washington Historical Website

An amazing website created by Jada Regis!  Full of Northport historical information and a virtual photo album of vintage photos of Northport! 

Also,  like their Facebook  page:  Northport Wa Historical Society.  You will then receive updates on their progress with The Gallo House Museum and reminders of their monthly meetings!  

Citizens for a Clean Columbia (CCC) Newsletter – January 2017

Our mission: to advocate for a clean Columbia River ecosystem.              

                    

Who are we? 

Citizens for a Clean Columbia (CCC) is a volunteer organization focused on advocating for the health of the Upper Columbia River (UCR) and Lake Roosevelt. 

Visit us at http://www.cleancolumbia.org


 NEWS IN BRIEF:


Residential Soil Study 2016: Northport, WA

•  144 residential properties were sampled between August and October 2016.

•  Data are undergoing validation; results are expected by Spring, 2017.

Macroinvertebrate Study

•  The study will determine the concentrations of chemicals in the tissues of mussels, clams and crayfish in the Upper Columbia River (UCR)

•  The information will be used in exposure assessments for people and wildlife that consume these organisms

White Sturgeon Sampling

•  White sturgeon fillets are being evaluated for contaminants.

Northport 2016 Brigham and Women’s Hospital /Harvard Crohn’s & Colitis Study Underway

•  This case control study will attempt to understand potential exposures responsible for a health cluster of ulcerative colitis and Crohn’s disease in Northport.

Lake Roosevelt Forum (LRF)

•  256 people attended this falls LRF conference.

Technical Advisor Update

•  Joe focused on the 2016 residential soil study, the macroinvertebrate study, the 2013 sediment toxicity data summary report, the level of effort (LOE) memorandum for sediment treatability in the Columbia River, the upland soil split sample results memorandum, and the quality assurance project plan and field sampling report for the 2016 sturgeon fillet study.
 


DETAILED NEWS:


Residential Soil Study in 2016
An expansion of the Residential Soil Study conducted in 2014 by the EPA was performed in 2016. The study was based on findings of aerial contamination above national screening levels for lead and arsenic. The 2014 study findings are described in our July 2015 newsletter. Additional information can be found in the EPA fact sheets on CCC’s website or on the epa.gov website searching under “region10 Upper Columbia River remedial investigation”.

The 2016 study was led by Teck America, Inc. (TAI) and extended the southern boundary of EPA’s 2014 Residential Soil Study to approximately the intersection of Williams Lake Road and Highway 25. There are 144 residential properties for which property owners volunteered to have their property tested that were sampled. Additional information on the study methods can be found in our July 2016 newsletter.

Two kinds of soil samples were collected at the properties:

  • “Incremental composite samples” for which soil was collected at 30 places within each decision unit, and then combining the soil into one sample.
  • Ten “discrete” samples collected from a single decision at 0 to 1 and 1 to 6 inches deep from five locations each with results reported for soil at each location.

Surface soils collected from these properties were tested for metals including aluminum, antimony, arsenic, barium, beryllium, cadmium, calcium, chromium, cobalt, copper, iron, lead, magnesium, manganese, nickel, potassium, selenium, silver, sodium, thallium, vanadium, and zinc. This study is intended to produce data representative of potential exposure associated with metal-enriched soil particles and to support risk management decision making for the human health risk assessment.

Data are undergoing validation and a final version of the results should be out by spring, 2017. CCC provided comments on the draft results letter that will be sent to participating land owners.

     – Mindy Smith, CCC secretary


Sampling for the Macroinvertebrate Tissue Study Underway

Details about this study are also provided in the July 2016 newsletter. In brief, the primary objective of the macroinvertebrate study is to determine the concentrations of chemicals present in the tissues of mussels and crayfish. Two rounds of sampling were completed, in spring and fall; in the fall, some of the mussels were collected by diving in the study areas and by wading in the reference area.

The EPA has made recommendations to Teck on compositing the specimens for analysis. CCC provided comments to EPA on both the original sampling plan and the compositing plan. Additional information about these reviews are provided in our technical advisor’s report. At present, the way the individual organisms are being composited for analysis is still under discussion.

      –  Mindy Smith, CCC secretary


White Sturgeon Sampling

With the success of the Lake Roosevelt Fishery, co-managers are considering allowing a recreational and tribal subsistence fishery catch for hatchery white sturgeon. However, safety of eating white sturgeon in Lake Roosevelt is unknown. This prompted the addition of a study of white sturgeon.

In summer of 2016, 72 hatchery white sturgeon of different sizes and from various locations were sampled. Fillets were taken from the fish and combined into composite samples for analysis. Results are pending.

     – Mindy Smith, CCC secretary


Northport 2016 Brigham and Women’s Hospital /Harvard Crohn’s & Colitis Study Underway

Dr. Josh Korzenik, The Director of the Crohn’s and Colitis Center at Brigham and Women’s Hospital (BWH) and a leading IBD researcher, and his team have begun their second study of the health cluster of ulcerative colitis and Crohn’s disease diagnosed in Northport residents. Their 2011 study concluded diagnosed cases of ulcerative colitis or Crohn’s disease in the community was 10 to 15 times higher than national standards. This was one of the largest health clusters of these illnesses Dr. Korzenik has ever seen.

The current study is a more in-depth epidemiological case-control study. The focus is in finding a possible correlation of chronic exposure to specific heavy metals and ulcerative colitis and Crohn’s disease.

The case-control study includes participants who have been diagnosed with either Crohn’s or colitis as well as participants who have not been affected. In March, I asked for volunteers for this new study. The response was overwhelming. I provided the list to Dr. Korzenick; however, if you volunteered but have not heard from them, please call or email at: IBDresearch@bwh.harvard.edu or 617-732-9173.

It is not too late to volunteer if you haven’t. They are still recruiting participants.
The scope of this study, and the study itself, has the likely possibility of providing groundbreaking information the scientific community is greatly lacking.

Thank you to the many past and present Northport residents who have volunteered to participate in this study.

We cannot change the past or the damage Teck’s pollution has caused to countless Northport residents. However, by participating in studies like this, valuable information on the routes and duration of exposure to specific environmental toxins and their potential link to triggering or causing rare diseases will be better understood. This could help accomplish prevention, regulatory changes, and better treatment options for Crohn’s disease, ulcerative colitis, and possibly many other autoimmune diseases.

      –  Jamie Paparich


Lake Roosevelt Forum (LRF)

Once again, CCC members attended the wonderful LRF conference held at the Davenport Hotel in Spokane on November 15-16, 2016. Over 250 individuals attended, including a mix of members from area tribes, natural resource managers, agency personnel from throughout the Northwest, elected officials, conservationists, teachers and students, and the public. Sessions were presented on fisheries, water quality, recreation, climate change and lake operations. 

Information about the presentations can be viewed at http://www.lrf.org/conference-presentations/2016/#p=1

I found particularly interesting the outlined five-year process for preparing an environmental impact statement to operate 14 multi-purpose federal dams in the Columbia River Basin. Also, the discussion of projections and plans to address future power, irrigation, flood control, fisheries, recreation and other demands was quite interesting, especially in consideration of expected flow increases in winter and decreases in summer due, in part, to changes in snowpack melts.

Favorites were the wonderful presentations from high school students – Colville students who presented a touching tribute to Jono Esvelt and the Reardan High School students lively debate on introducing salmon into the upper Columbia watershed. 

I also loved learning about the salmon cannon for shooting salmon over dams.

     – Mindy Smith, CCC secretary
 


Technical Advisor Report

My efforts over the past six months focused on the 2016 residential soil study, the macroinvertebrate study, the 2013 sediment toxicity data summary report, the level of effort (LOE) memorandum for sediment transport in the Columbia River, the upland soil split sample results memorandum, and the quality assurance project plan and field sampling report for the 2016 sturgeon fillet study. I reviewed several LOE memorandum drafts for potential 2017 studies. CCC used my reviews as the basis for their comments to EPA. I also attended the Lake Roosevelt Forum Conference in Spokane in November 2016.

I reviewed the final residential soil study quality assurance project plan (QAPP) and the split sample QAPP. No major issues were found for either document. Both documents required updating completed tasks and timelines. I observed two days of residential soil study sampling. Early sampling efficiency was hindered by each crew having only a single sampler. This problem was quickly remedied with the arrival of additional samplers. The teams I observed were well organized and professional. The minor issues I observed during field reconnaissance were all resolved prior to sampling. A total of 144 properties were sampled. Analytical results should be available for distribution to property owners in early spring. Once final results are available, it will be determined if there is a need for any time-critical removal actions.

I reviewed two versions of macroinvertebrate study sample compositing plans for the organisms collected in April 2016. A major concern was the proposed compositing of large organisms with small organisms. If metal levels differ between large and small organisms, the difference would be lost. Levels in small organisms would be swamped by levels in the large organisms. A second major concern was the proposed incorporation of organisms obtained in the Columbia River-influenced area of the Sanpoil River arm with organisms collected in the uninfluenced area of the river for the reference area composite samples. I also supported analysis of the clams collected in Area 6 in April 2016. Compositing plans were then placed on hold pending completion of a second round of sampling in the fall. The fall sampling plan required two drafts to establish the required effort for the project. Additional mussels were collected by diving in the study areas and by wading in the reference area. Additional crayfish were collected using traps. One crayfish was again collected in the Columbia River influenced area of the Sanpoil River arm. CCC requested that this organism not be composited with reference organisms. The compositing plans then underwent four rounds of modification to reach a plan acceptable to the participating parties and CCC in December. The compositing plan separated mussels and crayfish into two weight classes for each collection area. Teck American, Incorporated (TAI) is currently not in agreement with the compositing plan proposed by EPA in December 2016. Sample compositing and analysis awaits the development of a compositing plan agreeable to all parties.

EPA provided TAI with compiled comments on the 2013 sediment toxicity study data summary report. Most of CCC’s comments were included in the compilation. CCC was surprised to learn that only analytical chemistry analyses undergo formal data validation. The toxicity data generated at Pacific EcoRisk and the slag determination by computer controlled scanning electron microscopy in the backscattered electron imaging mode (BSEM) data generated by the RJ Lee Group did not and will not undergo formal data validation. CCC’s concerns with BSEM slag determination, particularly the failure to detect a type of slag, and the lack of data on how slag composition varied over the course of 100 plus years of discharge into the Columbia River carry forward into several studies under discussion for 2017.  

I reviewed two versions of the sediment treatability study LOE memorandum. CCC had no major concerns with the LOE memorandum, it was very similar to the soil treatability LOE memorandum. EPA sent a letter to TAI on December 14, 2016, indicating the need for a sediment treatability study. A summary of toxicity data from the 2013 sediment toxicity study and the toxicity data from a separate study performed by the United States Geological Survey (USGS) were attached to the letter. The USGS study was not a formal RI/FS study and did not undergo review by the participating parties, TAI, or CCC. TAI responded with a letter to EPA on December 22, 2016, and elaborated several concerns with EPA’s letter. A meeting to discuss a path forward was proposed for the end of January 2017.

I reviewed the draft upland soil split sample data summary memorandum. Major concerns included differences among text, table and spreadsheet presentations of data, and the missing quality assurance memorandum for the analyses. A second draft of the memorandum that includes the quality assurance memorandum is under review.
I also reviewed the QAPP, field sampling plan and compositing proposal for the 2016 sturgeon fillet study. Hatchery sturgeon are doing so well in the upper Columbia River that the Lake Roosevelt Fisheries Co-Managers (LRFCM) harvested hundreds of hatchery sturgeon in late summer to minimize the impact these fish may have on the genetic pool of wild sturgeon. LRFCM may open a sport and subsistence sturgeon fishery in the near future. The sturgeon fillet study was developed to evaluate the levels of potential chemicals of concern in sturgeon fillets and inform Washington State Department of Health for a sturgeon fish advisory if needed. This study was developed very quickly, but all concerns with the study were addressed prior to sample collection, compositing and analysis.

     –  Joe Wichmann, PhD; CCC Technical    Advisor


Want to be More Involved?

•  CCC welcomes new members; you can join on our website (http://www.cleancolumbia.org). You can also find meeting minutes and links to other organizations involved in protecting the environment.

•  Our next General Member Meeting will be in the fall. We will post updated information on the website. Please join us.

You can also write to our EPA project managers:

•  Laura Buelow (buelow.laura@epa.gov)  

•  Kathryn Cerise (Cerise.Kathryn@epa.gov)

Or the EPA region 10 administrator;

•  Dennis McLerran (McLerran.Dennis@epa.gov)

 

Northport Song

The next Below is a song about Northport I found in some of my Grandparent’s belongings.  I am not sure when the song was written, or where it was performed.  The writer / composer is at the top of the lyric sheet below.  

________________________________________________________

Written and composed by:

Harris K. Moku, Jr.

Special thanks to:

Davey Mendenhall

Wayne Christoferson

NORTHPORT

 

I’d like to tell you a story my friend,

‘Bout a place up north in Washington,

Where the people have the easiest type of living’,

They are so kind to strangers there,

No matter where you are from,

And their hearts are so full of giving,

 

Chorus

(And) the birch trees are playing in the summer wind,

And I know I’m going back again

To Northport

To a little farm deep in the woods,

Where a creek divides the roads,

To a place where you roamed as a child,

It’s been a long long long, long while.

 

In the winter-time the earth is white,

With the snowflakes falling oh so light,

In the spring-time all the meadows turn so green.

The birds keep singing in the trees,

And the skies are so blue,

It’s got to be the most beautiful place you’ve seen.

 

Chorus

(Where) the birch trees are playing….

The birch trees are playing in the summer wind,

And you know for sure I’m going back again,

To Northport……..Northport here I come.

Ninth Circuit rules in favor of Teck smelter on liability claim

The Original article published at Lake Roosevelt Forum, http://www.lrf.org

A three judge panel from the Ninth Circuit U.S. Court of Appeals ruled that aerial deposition from the Teck smelter in Trail, Canada does not constitute “disposal.” As such, Teck cannot be held liable for hazardous substances such as lead, arsenic and mercury emitted from Trail smoke stacks that traveled through the atmosphere and then deposited in the Upper Columbia Valley. Washington State and the Colville Confederated Tribes brought the case to hold Teck liable for cleanup costs and natural resource damages under the Comprehensive Environmental Response, Compensation and Liability Act, or CERCLA (also known as superfund).

The court relied heavily on two precedents that parse the meaning of “disposal of waste” under CERCLA. In one of the precedents, the ninth circuit ruled that BNSF Railway emitting diesel particulate matter into the air that resettled onto the land and water did not constitute disposal of waste and thus not subject to liability under CERCLA.

News reports indicate plaintiffs will petition for a new hearing before the full 9th U.S. Circuit Court of Appeals. Potentially, the case could be heard by the U.S. Supreme Court.

Under terms of a 2006 settlement agreement between EPA and Teck, Teck has funded soil sampling and remediation related to atmospheric deposition in the Upper Columbia Valley. In 2014, EPA sampled 74 residential properties which led to cleanup on 14 properties. This year, 142 property owners granted access for soil sampling that begins this month.

Click here for a National Law Review article reviewing the case and its implications.

The Death List

by:  Jamie Paparich

In 1992 reporter Julie Titone wrote an article in the Spokesman-Review, “Canadian companies suspected in illnesses.”  The article focused on a group of mothers in Northport, Washington and the health effects their small community suffered from because of, in their opinion, chronic exposure to the heavy metal toxins released by a Canadian smelter 3 miles up river, Teck Cominco.

The article begins with neighbors Naomi Palm, Faye Jackman, and Kay Paparich sitting in Naomi’s kitchen. In front of Naomi was her hand written notes of a health survey the women conducted in the community.  The notes listed the similar illnesses her and all her neighbors, family, and friends suffered from.  Naomi called it her “death list”.  The list contained 45 previous residents who passed away from four types of cancer, and 163 residents all suffering from similar diseases. In a town of 375 people the list was alarming, to say the least.

At the time of the article the small community was paralyzed with fear. Children continued to be diagnosed with two rare intestinal diseases, friends and neighbors were passing away from brain aneurisms or tumors, cancer, or suffering from the debilitating effects of multiple scoliosis and parkinson’s disease.

The town first became aware of the startling amount of illnesses being diagnosed in the community in the late 1970’s.  After repeated requests, the Washington State Department of Health finally did a health investigation in 1988.  However, the health investigator who conducted the investigation left the department and the findings were never made public.

So in 1991 these determined women began conducting their own health survey of the community.  After months of knocking on doors they compiled the information their neighbors had provided.  They discovered that of the 7 families living along Mitchell Road, all living within a 2 mile radius of each other, fifteen children had been diagnosed with 2 rare auto immune diseases, ulcerative colitis or Crohn’s disease. At the time of the survey approximately 1 in 100,000 people were diagnosed with either Ulcerative Colitis or Crohn’s in the United States.

The woman also discovered that of the six families living along Waneta Road, across the Columbia River from Mitchell Road, 12 people had died, or suffered from, brain aneurisms or brain tumors.  Statistically 8-10 people out of 100,000 people suffer from a brain aneurism in the United States.    

Naomi mapped out the illnesses collected from their survey in an attempt to understand if their route of exposure to the smelter’s toxins might be the common denominator effecting their families with these rare illnesses.  Their exposures differed in many ways. Not everyone swam in the river, not everyone grew their own gardens, or ate the fish…..but the one common denominator quickly became clear.  It was the air.  The families all lived in a valley, next to the Columbia River.  The pollution flowing north from the smelter often got trapped in the valley walls.

Two months after the 1992 article was published the Washington State Department of Ecology began the first of four phases of air monitoring in the area.  The results of all four phases of the monitoring showed that levels of arsenic were 200 times higher than national safety standards, and levels of cadmium were 18 times higher.  Ecology issued the smelter a warning that continuous air monitoring of the area was necessary.  The residents of Northport were never made aware of these results.  Teck did continue to monitor the air until 2006, according to EPA documents.  The levels of arsenic and cadmium continued to exceed safety standards at the same rate.

The 1992 article ended with Kay Paparich voicing her concern for future generations of Northport residents, “It’s too late for my children because they’ve already got these problems, but what about the little ones coming up?”

“The little ones coming up”, that Kay was so concerned about in 1992, are now in their 20’s and 30’s, suffering from the same illnesses that these women discussed in Naomi’s kitchen 24 years ago.

In 2009 residents conducted another community health survey of past and present Northport residents.  The results mirrored those of the 1991 community health survey, and confirmed Kay’s concerns were valid.  Not only were residents still being diagnosed with the same health issues, at the same rate, reported cases of multiple scoliosis, Parkinson’s and cases of the four types of cancers of concern had increased.

What these women discovered by coming together and using plain common sense, took government agencies decades, and millions of dollars, to finally realize.  The agencies were able to negotiate with the smelter to remove contaminated soil from beaches along the Columbia River, residential property, and upland soil.  However, the air still continues to be ignored.  If the smelter is monitoring it, they are no longer sharing the results with our government agencies, and our government agencies are not monitoring it.

The 1929 & 1936 USDA studies, the 1992 – 1998 Ecology air monitoring studies, the 1994 – 2006 Teck air monitoring, EPA’s decade long remedial investigations, along with Ecology’s soil and wetland studies, The Natural Resource Damage Assessment (NRDA), and Teck’s own remedial investigations, have all confirmed specific heavy metal contamination of the Upper Columbia River area, specifically in and around Northport.  It has forensically and scientifically confirmed that the source of contamination is Teck Resources. More specifically, the primary source of contamination is from Teck’s aerial dispersion of heavy metal toxins, through their smoke stacks.

EPA project manager Laura Buelow stated, “(T)he data shows that the soil became contaminated from historical smelting operations at the Trail smelter, specifically the metals coming out of the smelter stacks (air).”

To simplify the point;  between 1921-2005 Teck smelter released; 38,465 tons of Zinc, 22,688 tons of Lead, 1,225 tons of Arsenic, 1,103 tons of Cadmium, and 97 tons of Mercury through their air emissions.

Currently the air in Northport is not being monitored.  Ecology does not have the funds to install monitoring, the EPA has not been able to negotiate it as part of Teck’s remedial investigation and human health risk assessment.

Teck’s air emissions have poisoned over three generations of Northport residents.  Nothing is being done to protect the next three generations, or the generations after that.

To request air monitors be installed in and around Northport contact EPA project manager Laura Buelow at: Buelow.Laura@epa.gov

TECK SPILL ALERT: Toxins from Teck’s Landfill/Arsenic Storage Area spilled into Columbia River ~ April, 2016 ~

 

April 13, 2016

 

SPILL ALERT:  Teck Smelter, Trail B.C.

Due to a failure of a sump pump at Teck Smelter in B.C.,  leachate from an old landfill and arsenic storage area has been released into Stony Creek, which discharges into the Columbia River. The specific toxins and the amounts released is not yet known at this time.     

Response and Monitoring – in progress.

Matt Schanz, with the Environmental Public Health Director for Northeast Tri-County Health District, will be in contact with Board Members of the Citizens for a Clean Columbia (CCC), and the CCC will keep the Northport Community updated on more information as it becomes available.

Thank you to Mindy Smith, from the CCC, in making the Northport Community  aware of the most current, and possibly dangerous release by Teck Metals.

Click here for updated news report.

WA Judges Skeptical that Superfund Includes Teck Smelter’s Airborne Waste- SERIOUSLY

From Toxics Law Reporter

By Steven M. Sellers

April 6 — A Ninth Circuit panel appeared disinclined to find that the Superfund law includes contaminants that traveled by air from a Canadian smelter onto a contaminated U.S. site.

The seemingly skeptical three-judge panel considered sharply contrasting oral arguments on how far the U.S. hazardous waste law extends Apr. 6.

The appeal, based on the judges’ questioning, may turn on the court’s interpretation of a related law with terms similar to those in the Comprehensive Environmental Response, Compensation, and Liability Act (Pakootas v. Teck Cominco Metals Ltd., 9th Cir., No. 15-35228, oral arguments 4/6/16).

Kevin M. Fong, of Pillsbury Winthrop Shaw Pittman in San Francisco, who represented smelter owner Teck Cominco Metals Ltd., argued that Teck had no “arranger liability” for aerial emissions from its smokestacks because CERCLA requires a direct deposit of contaminants onto land or into water .

But the State of Washington, the Confederated Tribes of the Colville Reservation, and the Department of Justice (as an amicus party) panned that narrower view, saying it would subvert CERCLA’s remedial intent.

Superfund liability attaches when an entity “arranges” for the disposal of hazardous substances and those substances are “deposited” or “disposed of” at a site, at which point the site becomes a “facility,” here the Upper Columbia River Superfund Site.

‘Disposals’ and ‘Deposits’ Debated

Whether deposits of emissions from the smelter’s smokestacks in British Columbia fit the CERCLA mold is the crux of the appeal.

David Gualtieri, who argued for the Department of Justice, said the lack of court decisions on the aerial emission issue in the case reflected long-accepted notions of CERCLA’s broad reach and its goal of remediating contamination of land and water—even when, as here, it arrives by air .

“Why shouldn’t we take the government’s arguments as the tie-breaker even though it’s in an amicus brief?” Judge Consuelo M. Callahan asked Fong, noting a lack of specific EPA pronouncements on CERCLA’s applicability to aerial emissions.

Previous Ruling Questioned

But the panel also had to wrestle with a 2014 Ninth Circuit ruling on a related statute—the Resource Conservation & Recovery Act—in which the court limited the meaning of a “disposal” of hazardous substances to solid waste discharged directly onto land or into water (Ctr. for Cmty. Action & Envtl. Justice v. BNSF Ry.Co., 764 F.3d 1019 (9th Cir. 2014).

Judge Johnnie B. Rawlinson asked counsel whether the court was bound byBNSF‘s definition of “disposal” even though the terms arise in two different statutes.

“We’re bound by the decisions of a prior panel,” Rawlinson said.

Fong agreed, but Gualtieri countered that BNSF doesn’t apply because it involves a fact-specific application of RCRA not intended to apply to CERCLA.

Andrew Fitz, who argued for the Washington State Attorney General’s office, concurred with Gaultieri, adding that CERCLA’s application to air emissions is well-established despite a lack of specific EPA regulations.

“A disposal occurs when it hits the land or water,” said Fitz, who disagreed that CERCLA excludes emissions that travel any distance through the air.

“If I carry a barrel of waste in the air, under Teck’s argument there’s no liability,” said Fitz, adding that involved railroad waste.

The court didn’t seem fully convinced.

“If the only distinction is that it was a railroad, you have to do better than that,” replied Callahan.

A decision in the appeal isn’t expected for several months.

Judges Michael Daly Hawkins, Johnnie B. Rawlinson and Consuelo M. Callahan heard the case.

The law offices of Pillsbury Winthrop Shaw Pittman represented Teck Cominco Metals Ltd.

The Washington State Attorney General’s Office represented the State of Washington.

The Department of Justice represented the federal government as amicus curiae.

To contact the reporter on this story: Steven M. Sellers in Washington atssellers@bna.com.

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