U.S. v. IRON MOUNTAIN MINES, INC.

No. Civ-S-91-768 DFL JFM.

987 F.Supp. 1263 (1997)

UNITED STATES of America, Plaintiff, v. IRON MOUNTAIN MINES, INC., et al., Defendants. STATE OF CALIFORNIA, Plaintiff, v. IRON MOUNTAIN MINES, INC., et al., Defendants. And Related Cross-, Counter-, and Third-Party Claims.

United States District Court, E.D. California.

October 28, 1997.


Attorney(s) appearing for the Case

Paul B. Galvani, Ropes and Gray, Boston, MA, for Rhône-Poulenc Inc.

Thomas H. Hannigan Jr., Ropes and Gray, Boston, MA, for Rhône-Poulenc Basic Chemicals Co.

James W. Matthews, Ropes and Gray, Boston, MA, for Rhône-Poulenc Inc.

Michael Brian Hingerty, Thomas Bloomfield, U.S. Environmental Protection Agency, Regional Counsel, San Francisco, CA, for U.S.

David B Glazer, U.S. Dept. of Justice, Environmental & Natural Resources Div., Environmental Enforcement Section, San Francisco, CA, (Counsel for United States, plaintiff).

Yoshinori H.T. Himel, U.S. Atty., Sacramento, CA, for U.S.

Martin F. McDermott, Mark A. Rigau, David L. Weigert, U.S. Dept. of Justice, Environment & Natural Resources Div., Environmental Defense Section, Washington, DC, for U.S.

Thomas G. Redmon, Wilke Fleury Hoffelt Gould and Birney, Sacramento, CA, for Rhône-Poulenc Basic Chemicals Co.

Margarita Padilla, California State Attorney General, Oakland, CA, for State of Cal.

Sara J. Russell, Attorney General's Office of the State of California, Oakland, CA, for State of Cal.


MEMORANDUM OF OPINION AND ORDER

LEVI, District Judge.

This is a CERCLA cost recovery action concerning Iron Mountain Mine, a copper, zinc, and pyrite mine located in Northern California.1 For over a decade, the Environmental Protection Agency ("EPA") has been studying Iron Mountain Mine to determine how best to remediate the acid mine drainage — referred to as "AMD" — that is created at the Mine when rain...

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