Opinion
2:04-CV-00256-SAB
12-27-2023
THE STATE OF WASHINGTON, Plaintiff-Intervenor, v. TECK COMINCO METALS, LTD., a Canadian corporation, Defendant. JOSEPH A. PAKOOTAS, an individual and enrolled member of the Confederated Tribes of the Colville Reservation; and DONALD R. MICHEL, an individual and enrolled member of the Confederated Tribes of the Colville Reservation; and THE CONFEDERATED TRIBES OF THE COLVILLE RESERVATION, Plaintiffs, and
ORDER GRANTING JOINT MOTION AS TO CERTAIN AFFIRMATIVE DEFENSES
Stanley A. Bastian Chief United States District Judge
A motions hearing was held in the above-captioned matter on December 14, 2023 in Spokane, Washington. Defendant was represented by Deborah Baum, Amanda Halter, Deanna Willman, and Ashleigh Myers. Plaintiff Pakootas and the Confederated Tribes of the Colville Reservation were represented by Paul Dayton. Intervenor-Plaintiff State of Washington was represented by Joshua Osborne-Klein and Dylan Stonecipher.
Pending before the Court was Plaintiffs' Motion for Partial Summary Judgment on Certain Affirmative Defenses, ECF No. 2771, Defendant's Motion for Partial Summary Judgment on Plaintiffs' Joint Natural Resource Damage Claims, ECF No. 2774, and Defendant's Motion for Partial Summary Judgment on the Colville Tribes' “Tribal Service Loss” Claims, ECF No. 2777.
At the hearing, the Court heard oral argument on Defendant's two motions for partial summary judgment. The Court took both motions under advisement. As to Plaintiff's motion for partial summary judgment, Defendant indicated that the motion did not need to be argued because Defendant no longer wished to utilize affirmative defenses 10 - 16 in answer to CCT's Fourth Amended Complaint and affirmative defenses 15 - 21 in answer to Washington State's Fifth Amended Complaint. See ECF Nos. 2117 and 2569. The Court interpreted this as stipulation and granted Plaintiffs' motion.
Accordingly, IT IS HEREBY ORDERED:
1. Plaintiffs' Motion for Partial Summary Judgment on Certain Affirmative Defenses, ECF No. 2771, is GRANTED.
2. Affirmative Defenses 10 - 16, listed in ECF No. 2117, are DISMISSED.
No. 10 - Harm Was Not Caused by Defendant
No. 11 - Any Harm Suffered Was Caused by Plaintiff/Third-Parties
No. 12 - Disposal and Release not at Same Facility
No. 13 - Joint and Several Liability Not Permitted
No. 14 - Apportionment
No. 15 - Release Caused by a Third Party
No. 16 - Release Permitted by Law
3. Affirmative Defenses 15 - 21, listed in ECF No. 2569, are DISMISSED.
No. 15 - Harm Was Not Caused by Defendant
No. 16 - Any Harm Suffered Was Caused by the State/Third Parties
No. 17 - Disposal and Release Not at Same Facility (CERCLA)
No. 18 - Joint and Several Liability Not Permitted
No. 19 - Liability Proportionate to Apportionment
No. 20 - Release Caused by a Third Party
No. 21 - Release Permitted by Law
IT IS SO ORDERED. The District Court Clerk is hereby directed to enter this Order and to provide copies to counsel.