Trail Smelter Redux (a.k.a. “Superfund Returns”)
Kevin earlier today asked about the extraterritorial reach of human rights treaties. But, what about U.S. statutes – how far do they reach? What exactly constitutes an extraterritorial application of U.S. law? On July 6, the Ninth Circuit addressed this issue in Pakootas v. Teck Cominco Metals, Ltd. (see here). The Ninth Circuit ruled that “slag” metal discharges from Teck...