| " U.S. v. ASARCO, LLC Leagle.com The fact that a subsequent bankruptcy settlement agreement resolved any remaining or future liability on ASARCO's part for that work also has no bearing on ... " |
" U.S. v. ASARCO, LLC No. 10-35824.
NOT FOR PUBLICATION
MEMORANDUM*
ASARCO appeals the district court's denial of its motion to terminate the East Helena CAMU Trust ("CAMU Trust") and grant of summary judgment in favor of the United States. .... The fact that a subsequent bankruptcy settlement agreement resolved any remaining or future liability on ASARCO's part for that work also has no bearing on the trust's termination, since the trust's language is clear that the trustee is to reimburse ASARCO "or other persons" for work done on the CAMU Phase 2 Cell. Similarly, that the bankruptcy settlement agreement established a separate trust to fund cleanup activities at various locations, including at the East Helena site, which trust's funds could be used by the government for the CAMU Phase 2 Cell, also has no bearing on the CAMU Trust's termination.... AFFIRMED. "
