9th Circ. Revives Asarco's CERCLA Suit Against ARCO

By Melissa Daniels (August 10, 2017, 6:36 PM EDT) -- The Ninth Circuit in a published opinion on Thursday said that mining company Asarco LLC brought a timely claim in its attempt to recoup compensation from Atlantic Richfield Co. to defray costs of a $99 million cleanup of a Superfund site, leaving it up to the lower court to decide whether it deserves compensation and how much.

The panel vacated a Montana federal court decision from 2014 that ruled that Asarco didn't bring its Comprehensive Environmental Response Compensation and Liability Act claim to recoup cleanup costs of an East Helena mine site against ARCO in a timely fashion. That decision found...

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