Leviathan Mine Superfund Site

Kaplan Kirsch & Rockwell attorneys have represented the Lahontan Regional Water Quality Control Board (“Regional Board”) and the California State Water Resources Control Board in connection with the Leviathan Mine Superfund Site, near Lake Tahoe.  The project involves the remediation of a hard rock mine that discharges acid mine drainage and other mine waste into interstate waters.  Remedial efforts have greatly improved water quality, but more work needs to be done.  The site is expected to generate toxic acid mine drainage for hundreds to thousands of years.

Our clients were sued by the Atlantic Richfield Company in 2007, claiming breach of contract over a 1983 settlement.  After prevailing on key motions, our clients successfully settled the case on the third day of a scheduled five-week jury trial.  The innovative settlement provides for the Atlantic Richfield Company to pay more than 75% of site response costs.  Tom Bloomfield served as a lead attorney on the litigation and the settlement.  We currently advise our clients on the Superfund response action being overseen by US EPA and implementation of the settlement agreement with the Atlantic Richfield Company.


Press Release:
Lahontan Regional Water Board and ARCO Settle Leviathan Mine Superfund Lawsuit

Settlement Agreement:
Leviathan Mine Site Work and Cost Allocation Settlement Agreement