Plaintiffs Joseph A. Pakootas and Donald R. Michel, enrolled members of the Confederated Tribes of the Colville Reservation, sued to enforce an order by the U.S. EPA requiring Teck Cominco Metals, Ltd. (TCM) to investigate and determine the full nature of contamination at the "Upper Columbia River Site" caused by materials disposed of into the Columbia River from the defendant's smelter. TCM is a Canadian corporation that owned and operated a smelter in Trail, British Columbia, located on the Columbia River north of the United States-Canada border.
TCM moved to dismiss the action, contending that the U.S. court did not have subject matter or personal jurisdiction and that the plaintiffs' complaints failed to state claims on which relief could be granted. The district court denied the motion to dismiss, and the case was appealed.
Can a U.S. court enforce the provisions of CERCLA against a Canadian company for activities it undertakes in Canada? If so, could the Canadian government use this case as precedent for holding U.S. companies liable under Canadian law for acid rain in Canada? What public policy considerations are involved in deciding whether to apply U.S. environmental laws to conduct that occurs outside the United States? Compare these considerations with those involved in deciding whether to apply U.S. antitrust, employment discrimination, securities, or copyright and trademark law to conduct that occurs outside the United States.