McGuireWoods successfully defended Asarco LLC, defeating a federal environmental lawsuit filed by the cities of Hammond and Whiting, Indiana, persuading the district court that Asarco properly resolved all claims against the company for alleged contamination from its former Hammond smelting facility.
U.S. District Judge Philip P. Simon of the Northern District of Indiana dismissed the case with prejudice on March 25, 2025, ruling that the cities failed to raise their claims prior to entry and confirmation of a 2009 consent decree in which Asarco settled environmental claims at multiple sites, including Hammond.
Hammond and Whiting alleged past and future environmental harm related to the release of hazardous substances from a smelting facility formerly operated by Asarco subsidiary Federal Metals Corporation. The cities brought claims under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), and Indiana’s Environmental Legal Action Statute.
Asarco persuaded the court that its environmental liability was resolved under a landmark 2009 consent decree. Asarco, the Environmental Protection Agency and several states, including Indiana, entered into a consent decree that established a custodial trust to compensate for past and potential future remediation costs at Asarco sites, including the communities that sued. Under the consent decree, Asarco paid over $70 million to the environmental trust.
Judge Simon determined that the cities’ claims were barred by the consent decree and related court orders.
“Our client is relieved that the court embraced the CERCLA consent decree, said Gregory Evans, McGuireWoods partner who argued the case and led the McGuireWoods defense team. “This decision advances CERCLA’s important goal of encouraging settlements that promptly place cleanup funding into communities.”
Evans, co-leader of McGuireWoods’ Environmental Litigation Practice Group, has successfully handled EPA enforcement actions and CERCLA litigation at over 110 Superfund Sites nationwide. He has represented Asarco since 2005.