On January 7, 2008, the U.S. Supreme Court declined to hear an appeal by Teck Cominco Ltd. of a decision of the U.S. Court of Appeals for the Ninth Circuit. As reported in our July 2006 EHS Bulletin, the Ninth Circuit had rejected Teck Cominco’s challenge of the validity of a U.S. Environmental Protection Agency (EPA) order against the company for discharges from its Trail, B.C., smelter. This order, made under the U.S. Comprehensive Environmental Response, Compensation Liability Act (CERCLA), had required Teck Cominco to conduct a feasibility study on a portion of the Columbia River located entirely within the United States, even though Teck Cominco’s alleged discharge of heavy metals and other hazardous substances had occurred entirely within Canada. Although the EPA had withdrawn the order in June 2006 after reaching a settlement with Teck Cominco, the company continued to challenge an action to enforce the order that had been filed by two members of the Colville Tribes, who claimed the alleged discharge impaired their use of the Upper Columbia River. At the district and circuit courts, Teck Cominco had argued that a Canadian company operating entirely in Canada could not be subject to a U.S. administrative order. Without the Supreme Court hearing the matter, the Ninth Circuit’s decision stands – a decision that noted that the purpose of CERCLA is to redress actual or threatened releases of hazardous substances entirely within the United States. The release in question, according to the Ninth Circuit, occurred when the hazardous substances leached from the U.S. Upper Columbia River to the surrounding area. For more information, please see www.reuters.com/article/pressRelease/idUS170193+07-Jan-2008+PRN20080107.