Passing The Cleanup Buck To Uncle Sam

Law360, New York (April 13, 2011, 11:52 AM EDT) -- On March 4, in Nu-West Mining Inc. v. United States, the U.S. District Court for the District of Idaho determined that the U.S.' oversight of waste disposal activities at historic mines on federal lands was sufficient to render it liable as an operator and arranger under the Comprehensive Environmental Response, Compensation and Liability Act. Owner liability was undisputed.

The plaintiffs, Nu-West Mining Inc. and Nu-West Industries Inc., are the current holders of the government leases under which four mines were operated from the 1960s to the...
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