Asarco, LLC v. Union Pac. R.R.

摘要

Mining company may bring certain contribution claims against two railroad companies under Comprehensive Environmental Response, Compensation, and Liability Act for share of costs company incurred to clean up contaminated mine site, because: (1) even though railroad companies are entitled to contribution protection for past releases from certain sites covered in consent decrees they entered into with federal government and for pollution migrating from those sites, mining company may bring claims for contamination released by companies into mining site that are not covered by consent decrees; (2) questions of material fact exist as to whether there is final prior judgment on merits for same claim or cause of action that would bar contribution claim under doctrine of res judicata; and (3) mining company has not taken inconsistent litigation position in bankruptcy proceedings that misled court and that would create unfair advantage and bar claim under doctrine of judicial estoppel.