ELR Citation: 55 ELR 20124
No(s). 24-5565 (9th Cir. Sep 3, 2025)

The Ninth Circuit reversed summary judgment for a mining company in a lawsuit concerning liability for damages to natural resources stemming from its discharge of hazardous substances into the Upper Columbia River. American Indian tribes sought damages for their members' interim lost use of injured natural resources specific to their members because of their unique relationship with the river. A district court granted summary judgment for the company, holding the tribes sought damages for "cultural resources," not "natural resources," and that claims with a cultural component were not cognizable under CERCLA. The appellate court found nothing in the statute or case law that suggested interim lost uses of natural resources which have a cultural component should be excluded from lost use damages authorized by CERCLA. It reversed the dismissal and remanded for trial.