Ninth Circuit OK's Appeal in Superfund Case; Liability for Air Pollutant 'Disposal' at Issue

Washington, D.C.-based partner and member of the firm's Environment & Natural Resources Group, Daniel W. Wolff, talks with Bloomberg BNA about the Ninth Circuit's decision to hear a case that may decide whether airborne pollutants transmitted from a smelter to a Superfund site constitute an actionable disposal for which the smelter owner is liable as an arranger. Wolff remarked that, "It's a frightening construct if you're advising a client, but my sense is that the Ninth Circuit will agree with the district court's interpretation, because it isn't an arbitrary one."