Louisiana-Pacific Corp. v. ASARCO, Inc.
Opinion
Lead Opinion
Thompson, J.
OVERVIEW
This suit arises from the pollution of several sites near the Port of Tacoma (“the Port”) by heavy metal contaminants leached from a slag and woodwaste mixture. ASARCO, Inc. (“ASARCO”) produced the slag as a by-product of its smelting operations. ASARCO was found liable to the site owners and operators under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601-9626 (1988) (“CERCLA”); the Washington Hazardous Waste Management Act, Wash.Rev.Code Ann. § 70.105.005 et seq. (West 1992) (“the HWMA”); and the Washington Products Liability Act, Wash.Rev.Code Ann. § 7.72.010 et seq. (West 1992) (“the WPLA”).
On appeal, ASARCO contends slag is excluded from CERCLA’s definition of hazardous substances under the Bevill Amendment, and the jury’s finding that slag was a product for WPLA purposes precluded a finding that it was a hazardous substance under the HWMA and CERCLA. It also argues the state statute of limitations had expired on all the state law claims.
ASARCO further contends the district court erred in denying its motion for summary judgment on the HWMA claims because its sales of slag occurred before the HWMA allowed a…