LSI 2010 NRD Santa Fe final conference binder 072110.pdf

Angus Macbeth of Sidley Austin LLP Speaker 24b: 14
ASARCO had deposited tailings was so degraded that it was “not performing any ecological
services.” The Debtor’s expert, in contrast, estimated that baseline conditions in the river were
so poor that the Debtor’s contribution to degradation of the river was minimal. The experts also
offered vastly different opinions regarding recovery time for the resources impacted (in some
cases, 5 versus 100 years).
Following mediation, the parties agreed to allow general unsecured claims in the bankruptcy of
$10 million for NRD damages and NRD assessment. Joint Venture partner Newmont Mining,
which had operated mines with ASARCO, agreed to pay $10.5 million in cash. The bankruptcy
court subsequently granted preliminary approval of the settlement.
Lavaca Bay, Aransas National Wildlife Refuge: Alcoa completed a 15-year restoration
project that involved the creation of a 70-acre intertidal marsh on 730 acres Alcoa acquired and
will transfer to the Aransas National Wildlife Refuge. The project was part of the terms of a
settlement to resolve Alcoa’s liability arising from releases of mercury and hydrocarbons into the
bay in the late 1960s. Alcoa has spent $110 million in remediation and restoration projects. 31
Spectron, Inc.: In January 2007, EPA reached a settlement with 95 parties at the Spectron, Inc.
Superfund Site in Elkton, Maryland. The settlement included a commitment by the settling
parties to conduct a cleanup estimated at $19.5 million, to reimburse EPA $1.8 million in past
costs, and to pay $507,300 to the National Resource Trustees to restore aquatic habitat.
Yeoman Creek Landfill Superfund Site: Environmental cleanup work was completed by
several responsible parties under the terms of a 1999 consent decree. Under a proposed consent
decree lodged on January 31, 2007 an additional $600,000 will be paid for NRD and
reimbursement of NRD assessment costs by (1) Browning-Ferris Industries, LLC and BFI Waste
Systems of North America; (2) the City of Waukegan, Illinois; (3) Abbott Laboratories; (4)
Waukegan Community School District No. 60; (5) Goodyear Tire & Rubber Co., and (6)
Invitrogen Corp. 32
United States v. Agere Systems, Inc.: Under the terms of a proposed consent decree, 98
settling defendants agreed to finance and perform the surface remedy selected for the site and to
pay $507,300 to state and federal Trustees to resolve NRD claims relating to the site. The
settling defendants also agreed to finance and perform a future, yet unknown, groundwater
remedy, provided that the cost estimate for the selected remedy for operable unit 2 does not
exceed $10 million. 33
31 NOAA Press Release, “Land Goes Back to Nature” (3/29/07), available at
http://www.darrp.noaa.gov/lavacastory.html.
32 72 Fed.Reg. 7460 (2/15/07).
33 72 Fed.Reg. 4725 (2/1/07).
DC1 1763595v.1
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Law Seminars International | Natural Resource Damages | 07/16/10 in Santa Fe, NM