LSI 2010 NRD Santa Fe final conference binder 072110.pdf
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LSI 2010 NRD Santa Fe final conference binder 072110.pdf

LSI 2010 NRD Santa Fe final conference binder 072110.pdf LSI 2010 NRD Santa Fe final conference binder 072110.pdf

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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 3 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. 4 Law Seminars International | Natural Resource Damages | 07/16/10 in Santa Fe, NM

Angus Macbeth of Sidley Austin LLP Speaker 24a: 3 BANKRUPTCY AND COMMODITY PRICES ASARCO Jan. 2003 - ASARCO settles suit with government for alleged fraudulent conveyance which allows sale of stock to its parent and payment of various debts, and restructures its environmental obligations with the federal government. Trust established and funded by ASARCO in amount of $100 million; for three years U.S. would not seek to compel ASARCO to pay more than Trust amount on its environmental obligations to the U.S., primarily CERCLA clean up and NRD. April 2005 – Beset with asbestos claims, ASARCO filed for bankruptcy. Dec 2009 – ASARCO emerged from bankruptcy, paying $194 million to settle the NRD claims against it. 5 ASARCO SETTLEMENT NRD California Gulch in central Colorado $5.9 million to DOI; $5.9 million to Colorado Bunker Hill in Coeur d’Alene Basin, northern Idaho $79.5 million jointly to DOI and Forest Service Ray Mine/Hayden Smelter in Arizona $3.8 million jointly to DOI and Arizona Southeast Missouri Lead Mining District $41.2 million jointly to DOI and Missouri Tri-State Mining District in Kansas, Missouri, and Oklahoma $62.4 million jointly to DOI, the 3 states, and 6 Indian Tribes. Additional payments to EPA and states bring total environmental settlement to $1.79 billion. 6 Law Seminars International | Natural Resource Damages | 07/16/10 in Santa Fe, NM

Angus Macbeth of Sidley Austin LLP Speaker 24a: 3<br />

BANKRUPTCY AND COMMODITY PRICES<br />

ASARCO<br />

Jan. 2003 - ASARCO settles suit with government for alleged fraudulent conveyance<br />

which allows sale of stock to its parent and payment of various debts, and restructures<br />

its environmental obligations with the federal government.<br />

Trust established and funded by ASARCO in amount of $100 million; for three years<br />

U.S. would not seek to compel ASARCO to pay more than Trust amount on its<br />

environmental obligations to the U.S., primarily CERCLA clean up and <strong>NRD</strong>.<br />

April 2005 – Beset with asbestos claims, ASARCO filed for bankruptcy.<br />

Dec 2009 – ASARCO emerged from bankruptcy, paying $194 million to settle the<br />

<strong>NRD</strong> claims against it.<br />

5<br />

ASARCO SETTLEMENT<br />

<strong>NRD</strong><br />

California Gulch in central Colorado<br />

$5.9 million to DOI; $5.9 million to Colorado<br />

Bunker Hill in Coeur d’Alene Basin, northern Idaho<br />

$79.5 million jointly to DOI and Forest Service<br />

Ray Mine/Hayden Smelter in Arizona<br />

$3.8 million jointly to DOI and Arizona<br />

Southeast Missouri Lead Mining District<br />

$41.2 million jointly to DOI and Missouri<br />

Tri-State Mining District in Kansas, Missouri, and Oklahoma<br />

$62.4 million jointly to DOI, the 3 states, and 6 Indian Tribes.<br />

Additional payments to EPA and states bring total environmental settlement to $1.79<br />

billion.<br />

6<br />

Law Seminars International | Natural Resource Damages | 07/16/10 in <strong>Santa</strong> <strong>Fe</strong>, NM

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