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Publication Date

2006

Abstract

Transboundary pollution has become an issue of increasing concern as scientists learn more about the global effects of industry pollutants and the harm they pose to human health. - Advances in our understanding of the environment opened the door to disputes over responsibility for prevention and mitigation of the harmful effects of pollutants and created a search for techniques for international conflict resolution. Recently, industrial pollution of the Columbia River resulted in a legal battle between Washington citizens and a Canadian corporation over who was financially responsible for restoring the health of a portion of the river lying within the United States. This dispute was eventually brought before the Ninth Circuit,and in the case of Pakootas v. Teck Cominco Metals, Ltd., the court condoned the application of United States environmental law to a Canadian defendant's foreign activities in order to rectify the effects of transboundary water pollution. This Note analyzes that decision in light of the basic norms of international law and statutory interpretation, as well as the potential effects on international relations between the United States and Canada. Next, this Note looks at the use of domestic law in Pakootas and considers potential alternative solutions to transboundary pollution disputes. This Note concludes that the focus in all transboundary pollution disputes should be to ensure peaceful relations essential to any progress in reversing and improving the state of our environment are not sacrificed and that a cooperative, efficient method of dispute resolution offers the most hope in the search for sustainable solutions to transboundary pollution.

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