The Ninth Circuit Court of Appeals recently held that federal Superfund law authorizes claims by natural resource trustees for interim lost uses of natural resources that have a cultural component. The case, Confederated Tribes of the Colville Reservation v. Teck Cominco Metals Ltd . (No. 24-5565), reversed a district court decision that found cultural resource damages claims impermissible under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). In doing so, the Ninth Circuit interpreted the law to ensure full compensation for direct and indirect natural resource damages consistent with CERCLA’s remedial purpose.

The Claim: Damages to Natural Resources with Cultural Uses

The case involves contamination of the Upper Columbia River from a smelting operati

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