9th Circuit Upholds Dismissal Of ASARCO’s Contribution Claim For Site Cleanup

Mealey's (July 18, 2019, 1:08 PM EDT) -- SEATTLE — A Ninth Circuit U.S. Court of Appeals panel on July 17 upheld a federal judge in Idaho’s ruling that American Smelting and Refining Co. (ASARCO) could not seek contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) from Union Pacific Railroad Co., finding that the judge did not err when finding that its claim was barred by a bankruptcy settlement and that the plaintiff company paid less than its allocated share of liability (ASARCO LLC v. Union Pacific Railroad Co., No. 18-35713, 9th Cir., 2019 U.S. App. LEXIS 21168)....