The Trail Smelter, the Columbia River, and the Extraterritorial Application of CERCLA
By , February 8, 2012
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The author discusses the international arbitral decisions pertaining to the Trail Smelter, a facility that lies just north of the border between the United States and Canada. In discussing the various dispute resolution forums that were employed in the Trail Smelter dispute, the author outlines the structure of a transboundary environmental dispute, the types of claims available under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), and an analysis of the policy implications for the extraterritorial application of CERCLA and U.S. statutes to CERCLA cases.
