United States of America, California Department of Toxic Substances Control v. Newmont Capital Limited, Newmont Mining Corporation of Canada Limited
Published: Apr. 25, 2009 | Result Date: Feb. 24, 2009 | Filing Date: Jan. 1, 1900 |Case number: 2:08-CV-02149-MCE-JFM Settlement – $3,000,000
Court
USDC Eastern
Attorneys
Plaintiff
Defendant
Facts
Newmont Capital Limited and associated company Newmont Mining Corporation of Canada Limited were owners as well as operators of the Lava Cap Mine Superfund Site, located in Nevada County, during the period of 1983-1986. Mining at the site created accumulation of waste rock and rock flour. Additionally, a dam regulating containment of arsenic mill tailings broke, causing this to contaminate Clipper Creak and Lost Lake.
During 1997 and 1998, the Environmental Protection Agency (EPA) instigated removal proceedings to clean the contaminated areas. The EPA and the U.S. sued the Newmont companies for cleanup costs.
Injuries
Plaintiffs claimed approximately $50 million.
Result
The parties settled for $3 million.
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