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).
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