43.  Plaintiffs bring this class action pursuant to Rule 23 of the Federal  Rules of Civil Procedure, as representatives of the following class:  All current or former residents of EPA’s designated  Upper Columbia River waste contamination study site,  who have suffered a personal injury as a direct result of  Teck’s environmental contamination in this region.   Excluded from the Class are all Canadian citizens.    44.  The Class consists of potentially 100 or more class members,  including current residents of the Upper Columbia River Region of the State of  Washington and former residents, who may be geographically dispersed  throughout the United States.  Joinder of all class members is impracticable.  An  effective and practicable manner of notice to such members of the Class can be  fashioned by the Court.   45.  Plaintiff is a member of the Class and plaintiff’s claims are typical of  those of the Class because all members of the Class have suffered a personal injury  as a result of Teck’s wrongful conduct in violation of federal common law  nuisance and Washington negligence and strict liability laws.  Plaintiff seeks a  declaratory judgment that Teck’s operation of the Trail Smelter is a public  nuisance and an abnormally dangerous activity.  Plaintiff also seeks a partial  certification to resolve common issues of class members’ nuisance, strict liability  and negligence claims.  Plaintiff’s interests in the declaratory judgment and the  resolution of the common issues are consistent with, and not antagonistic to, those  of the members of the Class.  Case 2:13-cv-00420-TOR    Document 1    Filed 12/20/13 9.  EPA is studying hazardous waste contamination in the Upper  Columbia River from the U.S.-Canadian border to the Grand Coulee Dam and  surrounding upland areas.1  A smelter in Trail, BC, about 10 miles north of the  U.S.-Canadian border, is believed to be the principal source of the contamination.2   1 EPA, Upper Columbia River Investigation Frequently Asked Questions (Apr.  2005), available at www.epa.gov/region10/pdf/sites/ucr/fact_sheets/ucr_faq.pdf.  2 Id.  Case 2:13-cv-00420-TOR    Document 1    Filed 12/20/13 A.  Teck has a Long History of Dumping Toxins into the Upper  Columbia Region ................................................................................. 2  B.  Teck has Repeatedly Leaked Toxins in the Upper Columbia  River Region ........................................................................................ 9  C.  The EPA Upper Columbia Region is Designated a  Superfund Cleanup Site ..................................................................... 11  D.  Northport Residents Report a Disproportionate Occurence of  Diseases. ............................................................................................ 18  E.  The Chemicals Teck’s Trail Smelter Emitted are Known to  Cause Disease. ................................................................................... 20  V.  A.  Teck has a Long History of Dumping Toxins into the Upper Columbia  Region   VI.  CLAIMS FOR RELIEF ............................................................................... 25  A.  First Cause of Action: Strict liability/ abnormally dangerous  activity ............................................................................................... 25  B.  Second Cause of Action: Public nuisance ......................................... 25  C.  Third Cause of Action: Negligence ................................................... 26 