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Transboundary Pollution And Cercla Liability: International Manufacturers' Ability To Exploit Aerial Depositions, Connor M. Callahan
Transboundary Pollution And Cercla Liability: International Manufacturers' Ability To Exploit Aerial Depositions, Connor M. Callahan
Idaho Law Review
The Trail Smelter has a long and extensive history of pollution issues. The most recent claim against the Trail Smelter is the aerial deposition of hazardous waste theory. The Ninth Circuit has rejected attaching Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liability to the Trail Smelter under the aerial deposition theory, but this holding cannot be accepted if the goal is to control pollution. Many issues arise with controlling transboundary pollution, including the enforcement of international agreements on the matter. In the absence of establishing an enforceable international treaty between the United States and Canada, CERCLA presents a viable …