22. Contingencies Upper Columbia River Basin Generations 119 There is no assurance that we will ultimately be successful in our defence of the litigation or that we or our affiliates  will not be faced with further liability in relation to this matter. Until the studies contemplated by the EPA settlement  agreement and additional damage assessments are completed, it is not possible to estimate the extent and cost, if  any, of remediation or restoration that may be required or to assess our potential liability for damages. The studies may  conclude, on the basis of risk, cost, technical feasibility or other grounds, that no remediation should be undertaken.  If remediation is required and damage to resources found, the cost of remediation may be material. In September, TML entered into an agreement with the plaintiffs, agreeing that certain facts were established for  purposes of the litigation. The agreement stipulates that some portion of the slag discharged from our Trail Operations  into the Columbia River between 1896 and 1995, and some portion of the effluent discharged from Trail Operations,  have been transported to and are present in the Upper Columbia River in the United States, and that some hazardous  substances from the slag and effluent have been released into the environment within the United States. In October,  the Federal District Court for the Eastern District of Washington heard argument with respect to personal jurisdiction  and certain legal issues with respect to the Comprehensive Environmental Response, Compensation and Liability Act  (“CERCLA”). In December the court found in favour of the plaintiffs in phase one of the case, issuing a declaratory  judgement that Teck is liable under CERCLA for response costs, the amount of which will be determined in a subsequent  phase of the case. TML has filed a notice of appeal with respect to the decision. The subsequent hearing, with respect  to claims for natural resource damages and costs, is expected to be deferred while the remedial investigation and  feasibility study being undertaken by TAI are completed, which is currently expected to occur in 2015. The Lake Roosevelt litigation involving TML in the Federal District Court for the Eastern District of Washington continues. TAI continues studies under the 2006 settlement agreement with the U.S. Environmental Protection Agency (“EPA”)  to conduct a remedial investigation on the Upper Columbia River in Washington State. We consider provisions for all our outstanding and pending legal claims to be adequate. The final outcome with respect  to actions outstanding or pending as at December 31, 2012, or with respect to future claims, cannot be predicted with  certainty. Significant contingencies not disclosed elsewhere in the notes to our financial statements are as follows: