Kaplan Kirsch 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 remediating a hard-rock mine that discharges acid mine drainage and other mine waste into interstate waters. Remedial efforts have greatly improved water quality, but work remains. The site is expected to generate toxic acid mine drainage for hundreds to thousands of years. Paying for that long-term work became the subject of litigation.
In 2007, the Atlantic Richfield Company (ARCO) sued our clients for breach of contract over a 1983 settlement. After prevailing on key motions, our clients settled the case on the third day of a scheduled five-week jury trial. The innovative settlement requires ARCO to pay more than 75% of site response costs. Firm Partner Tom Bloomfield served as a lead attorney on the litigation and the settlement. The U.S. Environmental Protection Agency (EPA) oversees the response action at the Leviathan Mine Superfund Site. We currently advise our clients on that work and on implementing the settlement agreement with ARCO.