View of Teck Trail Operations from Victoria Street, Aug. 19. (Sheri Regnier photo)

View of Teck Trail Operations from Victoria Street, Aug. 19. (Sheri Regnier photo)

Teck pegged with U.S. tribes’ $1.6M legal bill

A previous ruling holds Teck Metals liable for response costs incurred by the confederated tribes

Historic pollution from the Trail smelter, the Columbia River, and an in-progress lawsuit filed by Colville tribes versus the mining giant Teck Resources was at the centre of an agreement in an American courtroom earlier this month.

ALSO READ: Why Teck Trail is an essential service amid pandemic

On Aug. 6, Teck Resources agreed to pay another $1.6 million to confederated tribes south of the border to cover their legal costs associated with ongoing litigation related to pollutants the Trail plant dumped into the river from early industry days up until 1995.

There has been only one ruling in the case to date, and it holds Teck Metals Ltd. (TML) liable for response costs amassed by the plaintiffs – the Confederated Tribes of the Colville Reservation – during these years-long legal proceedings.

“Because the remedial investigation/feasibility study and the litigation are ongoing, the plaintiffs continue to incur costs,” explained Chris Stannell, Teck spokesperson.

“TML is paying those costs as they are incurred … this $1.6-million payment represents further response costs incurred by the tribal plaintiffs covering the period from Jan. 1, 2014 to Dec. 31, 2019,” he said.

“The litigation is ongoing, and is not expected to conclude before 2023 at the earliest.”

The Aug. 6 settlement agreement comes almost four years to the day since a Washington federal judge awarded the tribes more than $8.25 million from Teck under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) for costs relating to the pollution that contained heavy metals such as lead and arsenic.

“We have consistently said that if there are real risks to human health or the environment associated with historical emissions from Trail Operations, either in Canada or in the U.S., Teck will take appropriate steps to address them,” Stannell told the Times.

“We have spent over US$125 million to date on studies of the Upper Columbia River in the United States to determine if there are real risks to human health or the environment, and the results to date indicate that the water is clean, the fish are as safe to eat as fish in other waterbodies in Washington State, and the beaches are safe for recreation – other than those affected by contamination not associated with Teck.”

Senior U.S. District Judge Lonny Suko previously awarded the tribes $8.25 million – $4.9 million stemming from litigation and $3.4 million from expenses related to water investigative studies – incurred through the end of 2013, along with prejudgment interest.

Teck appealed Suko’s Aug. 2016 ruling, though it was upheld by the U.S. Ninth Circuit two years later.

READ MORE: Teck to appeal $8.25M U.S. ruling

READ MORE: Ruling

READ MORE: Latest on coronavirus

The Trail smelter has been operating on the banks of the Columbia River since 1896, 10 miles north of the Canada-United States border.

The company has acknowledged in court that, between 1930 and 1995, the plant intentionally discharged nearly 10 million tons of slag and effluent directly into the Columbia River from its mining and fertilizer operations in Trail.

The tribes sued Teck in July 2004 to recover costs to deal with the pollution. Shortly thereafter, Washington state intervened as a plaintiff.

In June 2006, Teck signed a settlement agreement with the U.S. EPA stating, the company is voluntarily funding and conducting a remedial investigation and feasibility study to evaluate the nature and the extent of contamination; determine if unacceptable risk to human health or the environment exists as a result of any contamination; and determine whether action is required to mitigate any unacceptable risk.

At that time, the company agreed to provide over $1 million per year to the Colville and Spokane Tribes, Washington State and the Department of the Interior to for their participation and review on an ongoing basis.



newsroom@trailtimes.ca

Like us on Facebook and follow us on Twitter

Business and IndustrialCity of Trail

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Dreamfish are hung on the fence at Annunication School in Prince Rupert on April 17 as part of the Stream of Dream eco-education program teaching about local watersheds and salmon habitats. (Photo: K-J Millar/The Northern View)
Stream of Dreams fish swim the fence at Prince Rupert School

Students at Annunciation school learned about watershed protection and salmon habitat

B.C. Finance Minister Selina Robinson outlines the province’s three-year budget in Victoria, April 20, 2021. (B.C. government video)
B.C. deficit to grow by $19 billion for COVID-19 recovery spending

Pandemic-year deficit $5 billion lower than forecast

BC CDC mapping for the week ending April 4, shows a sharp decrease in COVID-19 cases to 27 in Prince Rupert down 45 from the week prior. (Image: BCCDC)
Sharp decline in Prince Rupert COVID-19 cases

Prince Rupert lab-confirmed cases are down 62.5 per cent in one week

Blair Mirau, Gitmaxmak’ay Nisga’a Society CEO, is seen in a hydroponic greenhouse the society purchased in 2020 to promote food stability and local supply. (Photo: supplied)
Three P.R. organizations partner to develop food distribution network

$167,000 grant awarded to GSN, PRDCC and Ecotrust Canada to strengthen food supply chains

A large crowd protested against COVID-19 measures at Sunset Beach in Vancouver on Tuesday, April 20, 2021. (Snapchat)
VIDEO: Large, police-patrolled crowds gather at Vancouver beach for COVID protests

Vancouver police said they patrolled the area and monitored all gatherings

Canadian driver Paul Tracy pulls out of the pits during the morning session at the Molson Indy in Vancouver, B.C., Saturday, July 26, 2003 (CP/Richard Lam)
Vancouver is considering hosting a Formula E race using electric cars

The race would be part of a three-day event focused on climate and sustainability

Chart from the April 20 B.C. budget shows sharp dip in real estate sales early in the COVID-19 pandemic and the even steeper climb since late 2020. (B.C. government)
Hot B.C. housing market drives property transfer tax gains

B.C. budget boosts tobacco, sweet drinks, carbon taxes

President Joe Biden holds a virtual bilateral meeting with Canadian Prime Minister Justin Trudeau. (AP Photo/Evan Vucci)
U.S. to help Canada with more COVID-19 vaccine supply, Biden says

The U.S. has already provided Canada with about 1.5 million doses of the AstraZeneca vaccine

B.C.’s 2021 budget is trending in the right direction to support farmers, says the BC Fruit Growers’ Association. (Phil McLachlan - Capital News)
BC Fruit Growers’ Association gives thumbs up to provincial budget

BCFGA general manager said budgetary investments put farming industry on a good trajectory for recovery

B.C. Finance Minister Selina Robinson leaves the assembly with Premier John Horgan after the budget speech Tuesday, April 20, 2021. THE CANADIAN PRESS/Chad Hipolito
Paid sick leave for ‘hard-hit’ workers left out of provincial budget: BCGEU

‘For recovery to be equitable it requires supports for workers, not just business,’ says union president Laird Cronk

In this image from video, former Minneapolis police Officer Derek Chauvin, center, is taken into custody as his attorney, Eric Nelson, left, looks on, after the verdicts were read at Chauvin’s trial for the 2020 death of George Floyd, Tuesday, April 20, 2021, at the Hennepin County Courthouse in Minneapolis, Minn. THE CANADIAN PRESS/Court TV via AP, Pool
George Floyd’s death was ‘wake-up call’ about systemic racism: Trudeau

Derek Chauvin was found guilty Tuesday on all three charges against him

Former University of Victoria rowing coach Barney Williams is photographed in the stands during the Greater Victoria Invitational at CARSA Performance Gym at the University of Victoria in Victoria, B.C., on Friday, November 29, 2019. THE CANADIAN PRESS/Chad Hipolito
Rowing Canada sanctions former head coach of B.C. varsity women’s team

Suspension of Barney Williams would be reversed if he complies with certain terms

Most Read