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Environmental Law
Environmental Contamination
CERCLA

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

Patricia Hurst

Thomas M. Carroll

Sally M. Knox

Kirk McInnis


Defendant

Hal J. Pos


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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