Town of Superior v. Asarco, Inc.

ORDER

DONALD W. MOLLOY, Chief Judge.

I. INTRODUCTION

The Town of Superior, Mineral County, and the Superior School District allege three claims for each of two distinct factual scenarios. They allege nuisance/trespass, negligence, and violation of the right to a clean and healthful environment under the Montana Constitution for high levels of antimony in Flat Creek spring, which was Superior’s primary drinking water supply until the contamination was discovered in 1997, and for contaminated tailings that *940were taken from the Iron Mill site, trucked into Superior and used as underlay for roads,…