NEW YORK A federal judge in Idaho has dismissed copper
producer Asarco LLCs lawsuit against Union Pacific
Railroad Co. seeking payments for the cleanup of polluted sites
in northern Idahos Coeur dAlene Basin, according to
Asarcos prior bankruptcy settlement agreement
clearly and unequivocally released Union Pacific
from further obligations regarding the Coeur dAlene
Basin, according to the March 28 ruling by U.S. District Court
Judge Edward J. Lodge in Idaho.
Tucson, Ariz.-based Asarco claimed that Union Pacific had
contributed to hazardous lead pollution in areas where Asarco
had already paid almost $2 billion in cleanup costs, including
along its rail lines in the Coeur dAlene Basin (
amm.com, March 27
Asarco, a division of Grupo Mexico SAB de CV, will appeal the
courts decision, which it called incorrect," Greg
Evans, founder of Los Angeles-based Integer Law Corp., told
Evans said Asarco will continue to ask environmental regulators
to examine whether Union Pacific contributed to pollution in
other states, including Washington, Nebraska and Kansas.
Asarco is committed to the appeal, Evans said.
Union Pacific did not respond to requests for comment.