BENCH JUDGMENT: $28,850,936 plus prejudgment interest and attorney fees as share of East Helena lead smelter Superfund Site response costs on remand from 9th Circuit’s finding of timeliness. . . Christensen.
Asarco brought this civil action for contribution against Arco pursuant to CERCLA for costs & damages incurred by Asarco at the East Helena lead smelter “Superfund” site following the Asarco (9th Cir. 2017) conclusion that Asarco’s claim was timely. Trial was held 5/29-6/7/18 with 160 exhibits and 12 witnesses including 3 experts. (Testimony of Antonio Toccafondo was presented by perpetuation deposition. The parties hi-lited his transcript and the Court read the excerpts after-hours outside the presence of counsel.) A 96-page findings, conclusions, and judgment ensued.
Asarco is awarded $27,850,936, representing Arco’s equitable share of the response costs Asarco paid under the $99,294,000 6/09 CERCLA Consent Decree, $1 million representing an uncertainty premium or error factor under the 6th Gore Factor, prejudgment interest to be determined in subsequent proceedings, and Asarco’s costs of suit and reasonable attorney fees to be determined in subsequent proceedings.
ASARCO v. Atlantic Richfield Co., 44 MFR 189, 6/26/18.
Kris McLean, Gregory Evans, and Rachel Parkin (Milodragovich Dale Steinbrenner), Missoula, for Asarco; Randy Cox, Kenzo Kawanabe, and Benjamin Strawn for Arco.
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