Legal Opinion

Asarco LLC v. Atl. Richfield Co.

District Court, D. Montana

Decided June 26, 2018No. CV 12–53–H–DLCPublished

1Opinion of the CourtDana L. Christensen, Chief Judge

INTRODUCTION

This is a civil action for contribution brought by Plaintiff ASARCO LLC ("Asarco") pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA"), 42 U.S.C. § 9613, against Defendant Atlantic Richfield Company ("Atlantic Richfield" or "ARCO") for costs and damages incurred by Asarco at a location in East Helena Montana, known as the East Helena Site, a National Priorities List or "Superfund" site ("East Helena Site" or "Site"). The parties are both citizens of the State of Delaware. This Court has subject matter jurisdiction…

2Cases cited38 opinions

  1. Key Tronic Corp. v. United StatesSupreme Court of the United States · 1994
  2. Burlington Northern & Santa Fe Railway Co. v. United StatesSupreme Court of the United States · 2009
  3. In the Matter of Bell Petroleum Services, Inc., Debtor. United States Environmental Protection Agency v. Sequa Corporation and Chromalloy American Corp., United States of America v. Bell Petroleum Services, Inc., Regal International, Inc. And John R. Leigh, Sequa Corporation and Chromalloy American Corp.Court of Appeals for the Fifth Circuit · 1993
  4. Carson Harbor Village, Ltd. v. Unocal CorporationCourt of Appeals for the Ninth Circuit · 2001
  5. Centerior Service Company General Electric Company Ashland Oil, Incorporated v. Acme Scrap Iron & Metal CorporationCourt of Appeals for the Sixth Circuit · 1998

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