ASARCO - Litigation History

Litigation History

After the Colorado Department of Public Health and Environment sued ASARCO for damages to natural resources in 1983, the EPA placed the ASARCO Globe Plant on its National Priorities List, with ASARCO to pay for the site's cleanup.

ASARCO consolidated several plants at the corner of 5th & Douglas Streets in Downtown Omaha on April 4, 1889. Within 25 years it was the largest lead refinery in the world. In 1972 the plant was found to be releasing high amounts of lead into the air and ground surrounding the plant. In 1995 ASARCO submitted a demolition and site cleanup plan to the Nebraska Department of Environmental Quality for their impact on the local residential area. Fined $3.6 million in 1996 for discharging lead and other pollutants into the Missouri River, Omaha's ASARCO plant was closed in July, 1997. After extensive site cleanup, the land was turned over to the City of Omaha as a 23-acre (93,000 m2) park. All of East Omaha, comprising more than 8,000 acres (32 km²), was declared a Superfund site, and as of 2003, 290 acres (1.2 km²) had been cleaned.

In 2007, the Environmental Protection Agency released the results of soil and air tests in Hayden, Arizona taken adjacent to the ASARCO Hayden Smelter. The results showed abnormally high amounts of pollutants that violate prescribed health standards. Arsenic, lead and copper were among the most egregious pollutants found in Hayden. As a consequence of the contamination, the EPA proposed to add Hayden, Arizona to the list of Federal "Superfund" sites. This action would provide funding to clean up the contamination. ASARCO is presently fighting this action, supported by Democratic Gov. Janet Napolitano, who said: "I am asking that the EPA delay final decision on listing until March 31, 2008. This would provide ample time for the EPA, in close coordination with ADEQ, to enter an agreement with ASARCO to conduct remedial actions..."