CERCLA Displaces Federal Common Law Public Nuisance Claims, Wash. Federal Judge Rules in Emissions Case

SEATTLE — A Washington federal judge has dismissed federal common law public nuisance claims asserted against Teck Metals Ltd. in a smelter emissions exposure case, finding they are displaced by the Comprehensive Environmental Response, Compensation, and Liability Act.

In addressing the question of first impression, Judge Lonny R. Suko of the U.S. District Court for the Eastern District of Washington held in the Jan. 5 order that CERCLA provides an exclusive remedy for the release of hazardous substances by making polluters strictly liable for the clean up costs and for natural resource damages to remedy harm to the environment.