Judge Finds Asarco’s Claims Against Mining Company Barred By Judicial Estoppel

Mealey's (March 31, 2016, 12:09 PM EDT) -- SALT LAKE CITY — Asarco LLC’s claims seeking contribution from a mining company under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) toward the $7.4 million the plaintiff company spent on remediating the Richardson Flat Superfund site in Utah are barred by judicial estoppel and the fact that the plaintiff company could not show that it paid more than its fair share to clean up the property, a federal judge in Utah ruled March 28 in granting Noranda Mining Inc.’s motion for summary judgment (Asarco LLC v. Noranda Mining Inc., No. 12-CV-527-TC-DBP, D. Utah; 2016 U.S. Dist. LEXIS 41532)....