U.S. Court of Appeals for the Ninth Circuit

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Petition for rehearing en banc denied in case addressing extraterritorial application of CERCLA

October 30, 2006

Rejecting NCLC’s request, the Ninth Circuit declined to consider en banc whether the panel properly determined that CERCLA can be applied to the foreign conduct of a Canadian company if the alleged pollutants enter the environment of the United States.

Amicus letter in support of petition to appeal 1/7/05. Reply to amicus brief filed 1/28/05. Review granted 2/14/05. Amicus brief filed 6/13/05. Oral argument held 12/05/05. Decided 7/26/06. Amicus brief filed in support of the petition for rehearing en banc 7/26/06. Rehearing denied 10/30/06.

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