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  PRACTICE AREAS : Natural Resources : Superfund : Experience  
 

 
 
Experience

Litigation

U.S. v. Atlantic Richfield Company, et al., No. CV 89-39-BU (D.C. Mont.). We defended a major oil company as the principle PRP in an EPA cost recovery action seeking hundreds of million dollars for historical mining and other industrial impacts stretching over several river basins in Montana. As part of this proceeding, we also pursued third party claims for contribution against multiple private parties and the United States Government.

Ekotek Site PRP Committee v. Self, et al., No. 94-C-277K (D. Utah). We represent the Committee which has undertaken the cleanup in a private cost recovery action filed against more than 1100 parties. Thus far, some $15 million has been raised in private and EPA de minimis settlements.

United States v. Ekotek, No. 2:95-CV-01546 (D. Utah). We defended the Ekotek Committee in an EPA suit to recover "oversight" costs (arguably barred by the Rohm & Haas decision).

State of Montana v. Atlantic Richfield Company, No. CV83-317-HLN (D.C. Mont.). We defended a major oil company against the State of Montana's Natural Resources Damages (NRD) suit seeking massive damages for environmental impacts under Superfund.

United States v. Valentine, No. 93-CV-1005-J (D. Wyo.). We defended a major oil company against an EPA cleanup order under RCRA. A major victory in this case allowed our client to bring a contribution action under RCRA against other companies that contributed to the contamination.

State of Colorado v. Asarco Incorporated, et al., No. 83-C-2383 (D. Colo.). We defended a major mining and metals company against the State's Natural Resources Damages action seeking $140 million.

U.S. v. Apache Energy and Minerals Company, et al., No. 86-C-1675 (D. Colo). We defended a mining and metals company against an EPA cost recovery action involving the California Gulch Superfund Site (Leadville, Colorado). In this case, we also pursued cost recovery/contribution claims against multiple third parties on behalf of the PRP we represent.

U.S. v. Broderick Investment Company, No. 86-Z-369 (D. Colo.). We defended an investment trust against EPA cost recovery/NRD action involving a wood treating Superfund site in Commerce City, Colorado.

U.S. v. Smuggler Durant Mining Corporation, et al., No. 89-C-1802 (D.C. Colo.). We defended a real estate development company in a $10 million-plus EPA cost recovery action. This case, which settled, also involved counterclaims which we pursued against BLM, Department of Interior, and other federal agencies.

City and County of Denver v. Adolph Coors, et al., No. 91-F-2233 (D. Colo.). We represented a coalition of parties against EPA's cost recovery action involving the Lowry Municipal Landfill. Estimated cleanup costs exceed $100 million.

Plateau Partnership v. Albertsons, Inc., et al., No. C-89-1023B (D.C. Wyo.). We successfully represented a supermarket chain in defense of a $10 million private cost recovery action involving disposal of asbestos.

American Wyott Corporation v. Minstar, et al., No. 92-CV-0059 (D.C. Wyo.). We represented the plaintiff in a private cost recovery action involving a Cheyenne, Wyoming site.

Mountaineer Refinery PRP Committee v. Donald Thayer, et al., No. 93-CV-211-J (D. Wy.). We represented the Committee in a private cost recovery action against the owner/operator of a defunct Wyoming "recycling" operation.

Administrative Experience

We have been or are involved in the administrative aspects of a host of other Superfund Sites or similar proceedings around the country, some of which also involve litigation. A partial list of these includes the following: Old Minot Landfill (North Dakota), Kerr-McGee Soda Springs (Idaho), Bunker Hill (Idaho), Interchem (Iowa), Douglassville Landfill (Pennsylvania), Texaco-Sunburst (Montana), CMC Heartland Partners/Bozeman (Montana), Mountaineer Refinery (Wyoming), Columbus Chrome (Montana), Milltown Reservoir (Montana), Hardage (Oklahoma), XTRON (Utah), East Helena Smelter (Montana), Sand Creek (Colorado), Gilette Drum (Wyoming), Torrington Hide & Metal (Wyoming), Bennington Landfill (Vermont), Chemsol Site (New Jersey).