LSI 2010 NRD Santa Fe final conference binder 072110.pdf

Angus Macbeth of Sidley Austin LLP Speaker 24a: 2
RESTORATION BY MIX OF PRIVATE AND
GOVERNMENT FUNDS
Coal Tar Processing Facility Site, Everett, Mass.
1890s to 1960s various companies – Beazer East, Honeywell International, Keyspan –
or predecessors in interest operated coal tar processing facility. Adverse impact on
fish.
2006 – 2007 Private companies constructed Release Abatement Measure to isolate
impacted sediment; restored 4.3 acres of salt marsh
Payment of $100,000 towards NOAA’s assessment and restoration costs for 4 acres
of wetlands at site.
U.S. v. American Hoechst Corp; U.S. v. A.R. Sandri, Inc. (D. Conn 2009)
Solvents Recovery Service of New England Site in Southington, Conn.
Two decrees resolving claims against 257 parties for CERCLA clean up (one group of
PRPs to perform clean up); both groups of PRPs to pay almost 90% of past clean up
costs and almost 90% of estimated $3.325 million for NRD
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AMENDMENT OF CONSENT DECREE WITH EPA
U.S. v. Horsehead Industries et al. (M.D. Pa 2009)
1898-1981 – 2 primary zinc smelters; after 1981 – 1 secondary zinc smelter. Cinder
Bank 2.5 miles long, 200 feet high, 200 feet wide at crest, 1000 feet wide at base,
covering 200 acres. Heavy metals in stack emissions reduced or killed vegetation,
contaminated surface water, sediments, and groundwater.
2003 EPA CERCLA consent decree amended to address NRD.
Habitat-based approach to assess injuries, using HEA. Human service losses also
evaluated.
Two habitat protection actions “peculiarly suited to performance by” settling
defendants and required by decree: 1. Preservation of 1200 acre King’s Manor
property; 2. Release of mortgage on Lehigh Gap Nature Center Property. Plus $2.5
million to reimburse Trustees and $9,875,000 for NRD.
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Law Seminars International | Natural Resource Damages | 07/16/10 in Santa Fe, NM