Berkshire Unit Can't Shake $230M CERCLA Suit

Law360, New York (September 22, 2011, 1:50 PM EDT) -- An Idaho federal judge on Monday refused to dismiss a U.S. Environmental Protection Agency suit seeking $230 million in Superfund cleanup costs from a Berkshire Hathaway Inc. subsidiary over a defunct Idaho lead mine.

U.S. District Judge Edward J. Lodge found that the federal government had adequately pleaded two causes of action against Marmon Holdings Inc.

The first cause seeks to declare Marmon a successor-in-interest to Golconda Lead Mines Inc., which would make it responsible for cleanup costs at the mine under the Comprehensive Environmental Response,...
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