The mining company had argued that the lawsuit should be thrown out because the United States could not impose rules on Canadian companies operating on Canadian soil.
But in 2004, U.S. District Judge Alan McDonald disagreed, saying U.S. environmental laws are intended to clean up pollution inside the United States, regardless of its origin.
EPA called the study an initial step toward launching a cleanup. It will assess risks from contamination to both people and the environment, and cover 150 river miles from the Canadian border downstream to the Grand Coulee Dam.
'Avoiding ... litigation'
“We have moved from opposite sides of the table to sit down together as environmental problem solvers,” Michael Bogert, EPA’s regional administrator for the Northwest, said Friday. “The Bush administration is avoiding years of inefficient litigation and beginning the restoration of the river basin.”
The lawsuit filed by the tribe and the state in 2004 was the first instance of Americans suing a Canadian company under the U.S. Superfund law. They accused the company of dumping millions of tons of heavy metals into the river for nearly 90 years, allowing it to flow into the United States.
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