The Doe Run Resources Corp. v. Lexington Insurance Company

LOKEN, Circuit Judge.

Doe Run Resources Corporation (“Doe Run”), the largest integrated lead producer in the Western Hemisphere, operates facilities near Leadwood, Missouri, that extract and crush ore containing lead and other metals and process the crushed ore to separate out lead concentrate that Doe Run sells on the world market or transports to its smelters for further processing. Doe Run initially deposits the remaining material — chat, which has the consistency of gravel, and tailings, which have the consistency of sand — into a five-hundred-acre waste pile referred to in this litigation…