ASARCO LLC v. ATLANTIC RICHFIELD COMPANY, LLC

No. 18-35934.

975 F.3d 859 (2020)

ASARCO LLC, a Delaware corporation, Plaintiff-Appellee, v. ATLANTIC RICHFIELD COMPANY, LLC, a Delaware corporation, Defendant-Appellant, and British Petroleum, PLC, a United Kingdom Corporation; American Chemet Corporation, a Montana Corporation, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed September 14, 2020.


Attorney(s) appearing for the Case

Shannon Wells Stevenson (argued), Benjamin B. Strawn , and Kellen N. Wittkop , Davis Graham & Stubbs LLP, Denver, Colorado; Elisabeth S. Theodore and Stephen K. Wirth , Arnold & Porter Kaye Scholer LLP, Washington, D.C.; for Defendant-Appellant.

Gregory Evans (argued), McGuireWoods LLP, Los Angeles, California; Benjamin L. Hatch , McGuireWoods LLP, Washington, D.C.; Kris A. McLean , Kris A. McLean Law Firm PLLC, Missoula, Montana; Rachel H. Parkin , Milodragovich Dale & Steinbrenner P.C., Missoula, Montana; for Plaintiff-Appellee.

Before: M. Margaret McKeown, N. Randy Smith, and Jacqueline H. Nguyen, Circuit Judges.


OPINION

In June 2009, ASARCO LLC ("Asarco") agreed to settle with the government and enter into a consent decree to clean up environmental contamination at several sites, including a Superfund Site in East Helena, Montana (the "Site"). Asarco then brought a contribution action under the Comprehensive Environmental...

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