ELR Citation: ELR 21330
No(s). 83-C-2385 (D. Colo. Apr 9, 1990)

The court holds that the state is entitled to certain past response costs in its action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against mine owners and operators. The court notes that defendants can be liable for response costs incurred by the state involving remediation plans not adopted by the court. The court holds that the state's fish-stocking plan, which was implemented prior to CERCLA's enactment, qualifies as a CERCLA response cost. The court holds that defendants are liable for the state's costs in considering alternative remedies not ultimately selected, since defendants have not shown that the state's consideration involved serious procedural errors related to significant matters. The court holds that the state is entitled to recover prejudment interest on costs incurred from the date it filed its complaint.

[Previous decisions in this litigation are published at 18 ELR 20578 and 19 ELR 20794.]

Counsel for Plaintiff
Jacqueline Berardini, Deputy Attorney General
Attorney General's Office
1600 Broadway, Ste. 2300, Denver CO 80202
(303) 861-2800

Counsel for Defendants
Thomas Whittington
1580 Prudential Plaza, 1050 17th St., Denver CO 80265
(303) 534-7544

James Spaanstra
Parcel, Mauro, Hultin & Spaanstra
1801 California St., Ste. 3600, Denver CO 80202
(303) 292-6400

Thomas Nichols
Davis, Graham & Stubbs
370 17th St., Ste. 4700, P.O. Box 185, Denver CO 80201-0185
(303) 892-9400

William Waldeck
Dufford, Waldeck, Milbury & Krohn
Valley Federal Plaza, Ste. 900, Fifth & Rood Ave., P.O. Box 2188, Grand Junction CO 81502-2188
(303) 242-4614