Louisiana-Pacific Corp. v. ASARCO Inc.
Opinion
Lead Opinion
Thompson, J.
Opinion by Judge DAVID R. THOMPSON
ORDER
The opinion filed September 23, 1993 and published at 6 F.3d 1332 (9th Cir.1993), and the order amending that opinion filed January 13, 1994 and published at 13 F.3d 1378 (9th Cir.1994) are withdrawn. The following opinion, which includes further amendments, replaces the opinion filed September 23,1993 and the order filed January 13, 1994.
OPINION
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…