Examples of TCML in a sentence
On July 17, 2006, TCML petitioned the 9th Circuit for rehearing in accordance with the court's procedures.
On November 11, 2004, the District Court for Eastern Washington State denied a motion by TCML to dismiss, for want of jurisdiction, a citizen's suit brought by two members of the Confederated Tribes of the Colville Reservation (the "Tribes") supported by the State of Washington.
On June 2, 2006, TCML and its US affiliate, Teck Cominco American Incorporated ("TCAI") entered into a Settlement Agreement (the "Agreement") with the EPA and the United States under which TCAI will pay for and conduct a remedial investigation and feasibility study (the "Studies") that, while not carried out under an administrative or judicial order, will be consistent with the US National Contingency Plan.
There can be no assurance that the agreement to conduct and fund the Studies and the withdrawal of the UAO will be sufficient to resolve the matter or that TCML or its affiliates will not be faced with further liability in relation to this matter.
TCML has guaranteed the performance of TCAI under the Agreement and TCAI placed US$20 million in escrow as financial assurance for its obligations under the Agreement.
The EPA also issued a Unilateral Administrative Order (“UAO”) to TCML purporting to order the Canadian company to conduct a remedial investigation and feasibility study in accordance with the CERCLA protocols (“RI/FS”).
TCAI and TCML continued to negotiate with the EPA and U.S. Department of Justice and in June 2006, TCAI concluded a settlement agreement with the U.S. and the EPA (“Agreement”) pursuant to which it agreed to fund and conduct an RI/FS of the site under EPA supervision.
The original citizen's suit was brought pursuant to Section 310(a)(i) of CERCLA to enforce a unilateral administrative order issued by the US Environmental Protection Agency (EPA) on December 11, 2003 (the "UAO") purporting to require TCML to conduct a remedial investigation and feasibility study with respect to metal contamination in the sediments of the Upper Columbia River and Lake Roosevelt.
There can be no assurance that the agreement to conduct and fund the studies and the withdrawal of the UAO will be sufficient to resolve the matter or that TCML or its affiliates will not be faced with further liability in relation to this matter.
Although the UAO has been withdrawn, the additional complaints filed by the Tribes and the State are subject to the same jurisdictional arguments that TCML raised in its motion to dismiss the original citizen's suit.