Here are some upcoming events of interest to the energy and environmental law community. All times local.
Wednesday, Feb. 8
9 a.m. – The 9th U.S. Circuit Court of Appeals will hear Asarco’s bid to revive its 2012 lawsuit against Atlantic Richfield for contribution to Asarco’s 2009 settlement with the Environmental Protection Agency. The settlement created a $99 million trust fund to cover Asarco’s liabilities under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) for a former smelting plant in Montana. Atlantic Richfield had also operated a zinc plant on the site. U.S. District Judge Dana Christensen found Asarco’s suit untimely, ruling that the 2009 settlement only funded Asarco’s obligations under a 1998 agreement with the EPA. The 1998 settlement resolved EPA’s claims under two other laws, but Christensen said that CERCLA’s contribution provisions were not limited to CERCLA response actions. Asarco says the 2nd and 3rd Circuits have split on that issue. The case is Asarco v. Atlantic Richfield, 9th U.S. Circuit Court of Appeals, No. 14-35723. For Asarco: Gregory Evans of McGuireWoods. For Atlantic Richfield: Shannon Wells Stevenson of Davis Graham & Stubbs.
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