{"title":"Allocating Remedial Expenditures at the East Helena Smelter Complex, MT USA","authors":"A. Davis, G. Evans, S. Benateigha, J. Clark","doi":"10.1080/10406026.2021.1892581","DOIUrl":null,"url":null,"abstract":"Abstract The East Helena, MT lead smelter complex was operated from 1888 through 2001 by Asarco. An adjacent zinc smelter was run by Anaconda (now ARCO) from 1926 through 1972. Both operations contaminated groundwater that migrated offsite under East Helena. As part of their bankruptcy settlement, Asarco paid $111.4 M toward remediation of site soil and groundwater. ARCO denied any liability so Asarco sued ARCO for response costs, relying in part on historical documents, photographs and soil and groundwater chemistry in the vicinity of Anaconda’s zinc smelter. Based on expert analysis, the trial court determined that ARCO was liable for 25% of the $61.4 million actually spent. On appeal, the 25% allocation was upheld with the proviso that future costs may also be recovered after they are incurred.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2021.1892581","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Environmental Claims Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/10406026.2021.1892581","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Environmental Science","Score":null,"Total":0}
引用次数: 0
Abstract
Abstract The East Helena, MT lead smelter complex was operated from 1888 through 2001 by Asarco. An adjacent zinc smelter was run by Anaconda (now ARCO) from 1926 through 1972. Both operations contaminated groundwater that migrated offsite under East Helena. As part of their bankruptcy settlement, Asarco paid $111.4 M toward remediation of site soil and groundwater. ARCO denied any liability so Asarco sued ARCO for response costs, relying in part on historical documents, photographs and soil and groundwater chemistry in the vicinity of Anaconda’s zinc smelter. Based on expert analysis, the trial court determined that ARCO was liable for 25% of the $61.4 million actually spent. On appeal, the 25% allocation was upheld with the proviso that future costs may also be recovered after they are incurred.
期刊介绍：
The Environmental Claims Journal is a quarterly journal that focuses on the many types of claims and liabilities that result from environmental exposures. The ECJ considers environmental claims under older business insurance policies, coverage and claims under more recent environmental insurance policies, as well as toxic tort claims. Exposures and claims from all environmental media are considered: air, drinking water, groundwater, soil, chemicals in commerce and naturally occurring chemicals. The journal also considers the laws, regulations, and case law that form the basis for claims. The journal would be of interest to environmental and insurance attorneys, insurance professionals, claims professionals, and environmental consultants.
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