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U.S. v. ASARCO INC.

Nos. 04-35052, 04-35479, 04-35106.

430 F.3d 972 (2005)

UNITED STATES of America, Plaintiff-Appellant, and State Of Idaho, Plaintiff, v. ASARCO INCORPORATED; Hecla Mining Company, Defendants-Appellees, and Coeur D'Alene Mines Corporation; Callahan Mining Corporation; Sunshine Precious Metals, Inc.; Sunshine Mining Company, Inc., Defendants. United States Of America, Plaintiff-Appellant, and State Of Idaho, Plaintiff, v. Coeur D'Alene Mines Corporation; Callahan Mining Corporation; Hecla Mining Company; Sunshine Precious Metals, Inc.; Sunshine Mining Company, Inc., Defendants-Appellees. United States Of America, Plaintiff, and State Of Idaho, Plaintiff-Appellant, v. Asarco Incorporated; Hecla Mining Company, Defendants-Appellees, and Coeur D'Alene Mines Corporation; Callahan Mining Corporation; Sunshine Precious Metals, Inc.; Sunshine Mining Company, Inc., Defendants.

United States Court of Appeals, Ninth Circuit.

Filed December 5, 2005.

Attorney(s) appearing for the Case

Ronald M. Spritzer (briefed and argued) and Greer S. Goldman (briefed), Environmental and Natural Resources Division, U.S. Department of Justice, Washington, D.C., for plaintiff-appellant United States.

Curt A. Fransen, Deputy Attorney General, Coeur d'Alene, Idaho, for plaintiff-appellant State of Idaho.

Elizabeth H. Temkin, Denver, Colorado, for defendant-appellee Hecla Mining Company.

Before: FERGUSON, BEEZER, and McKEOWN, Circuit Judges.

FERGUSON, Circuit Judge:

In 1994, the United States and the State of Idaho (together, "Plaintiffs") entered into a consent decree with various mining companies, including Hecla Mining Company and Asarco, Inc. (together, "Defendants"), requiring the latter to perform certain cleanup actions in exchange for specific liability releases in the seriously contaminated Bunker Hill Superfund Site. The site, also known as "the Box," is a twenty-one square mile area surrounded...

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