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

Local photographer Wolf Drescher spotted film crews set up along Esplanade Avenue in front of Canwest Art Gallery on the Lake on Thursday, October 1. Film production crews working on ‘Solitary’ will be around the area until close to the end of the month. (Contributed Photo/Wolf Drescher)
“Solitary” Update: Dramatic action scene to be filmed in Agassiz

‘Solitary’ will film a break-in, getaway at Kent Outdoors

About 2,000 people were without power in the Agassiz-Harrison area after a wire dropped on Morrow Road in Agassiz. (Contributed graphic/BC Hydro)
Power restored after downed line near Agassiz Christian School

Crews restored power after about four hours

Police tape is shown in Toronto Tuesday, May 2, 2017. (Graeme Roy/The Canadian Press)
CRIME STOPPERS: ‘Most wanted’ for the week of Oct. 18

Crime Stoppers’ weekly list based on information provided by police investigators

More and more electric cars are on the road, but one Chevy Bolt owner was shocked to see how much his BC Hydro bill skyrocketed once he started charging the vehicle. (Black Press file photo)
Rosedale man sees significant spike in BC Hydro bill after purchasing electrical vehicle

An increase should be expected, but Brian Chwiendacz experienced a 200-plus per cent hike

File Photo
Halloween and history collide in Agassiz this month

The spooky displays at the museum are on now until Halloween

FILE – People wait in line at a COVID-19 testing facility in Burnaby, B.C., on Thursday, August 13, 2020. THE CANADIAN PRESS/Darryl Dyck
167 new COVID-19 cases, 1 death recorded as B.C. enters 2nd wave

Three new healthcare outbreaks also announced

Rio Tinto Alcan’s aluminum smelter at Kitimat competes against producers in the Middle East and Russia that have no carbon tax. (Rio Tinto)
B.C. carbon tax highest in Canada, export industries unprotected

B.C. NDP, B.C. Liberals say they’re looking at exemptions

In this file photo, snow is seen falling along the Coquihalla Highway. (Liam Harrap/Revelstoke Review)
Weather statement issued for Coquihalla, Hwy 3, as arctic front approaches

The early season snowfall expected to hit Fraser Valley, Friday, Oct. 23

(Pixabay)
Vancouver teacher suspended after swearing, touching students and complimenting underwear

McCabe touched students, including rubbing their backs and necks, touching their hair and hugging them

The website Chigoby is among eight scam online retailers that have been identified by the Better Business Bureau. The site was fraudulently using an Abbotsford residential address, but has since switched to one in Poland.
8 scam online-shopping websites fraudulently use Abbotsford address

Better Business Bureau says victims lost hundreds for non-existent or poor-quality products

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

The Surrey Eagles are currently seeking billet families for its players in advance of the 2020-‘21 BC Hockey League season. (Garrett James photo)
BCHL team in ‘desperate’ need of billet families for upcoming hockey season

COVID-19 pandemic has made finding homes for players difficult: billet co-ordinator

John Horgan brought the NDP campaign to Langley on Wednesday, Oct. 21, just three days before the B.C. vote (Matthew Claxton/Langley Advance Times)
Horgan brings NDP campaign to Langley

Predicts gains, says people are looking at the party ‘differently’ after three years

Most Read