US Calls Off Asarco Criminal Enviro Probe

Law360, New York (January 22, 2010, 5:52 PM EST) -- Federal prosecutors have dropped their criminal investigation into whether Asarco LLC violated the Resource Conservation and Recovery Act by storing hazardous materials without the proper environmental permits at a former facility in East Helena, Mont.

William W. Mercer, the U.S. attorney for the District of Montana, wrote in a letter dated Wednesday that the government had decided not to indict the company on criminal charges, saying it would be problematic to establish that a crime had been committed beyond reasonable doubt.

Mercer's letter also noted that...
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