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Asarco Llc V. Atlantic Richfield Co., Llc, Taylor A. Simpson
Asarco Llc V. Atlantic Richfield Co., Llc, Taylor A. Simpson
Public Land & Resources Law Review
In 2009, Asarco reached a settlement agreement with the Environmental Protection Agency for the arsenic-contaminated East Helena lead smelting facility. As part of the settlement, Asarco was responsible for $111.4 million in cleanup and remediation expenses. Following this payment, Asarco brought a contribution claim under the Comprehensive Environmental Response, Compensation, and Liability Act against Atlantic Richfield. Finally, in 2020, the Ninth Circuit Court of Appeals held that Asarco’s remediation expenses of $111.4 million were not eligible for contribution because the costs were not fully incurred. The Ninth Circuit stated that only incurred or concrete, non-speculative future costs can be eligible …
Preview—Asarco Llc V. Atlantic Richfield Company: Allocation Of Remediation Costs Under Cercla, Nyles G. Greer
Preview—Asarco Llc V. Atlantic Richfield Company: Allocation Of Remediation Costs Under Cercla, Nyles G. Greer
Public Land & Resources Law Review
The Ninth Circuit Court of Appeals originally scheduled oral arguments in this matter for Tuesday, March 31, 2020, at 9:00 a.m. in the William K. Nakamura Courthouse in Seattle, Washington. Due to the COVID-19 pandemic, the Ninth Circuit has postponed oral arguments in this matter. While still subject to change due to the pandemic, the court has rescheduled oral arguments for April 27, 2020, at 9:00 a.m. in Courtroom 2 of the William K. Nakamura Courthouse in Seattle, Washington. Shannon Wells Stevenson will likely appear on behalf of the Appellant. Gregory Evans will likely appear on behalf of the Appellee.