State of Montana Reaches Settlement in Libby Mine Superfund Site Case

Kelley Drye congratulates our client the State of Montana on the federal bankruptcy court approval of its settlement with W.R. Grace & Co. resolving natural resource damage claims arising from the notorious Libby Mine Asbestos Superfund Site, in Lincoln County, Montana.  Known as one of the deadliest Superfund sites in America, historic production of asbestos by W.R. Grace caused profound harm to Montana and its residents.

This settlement requires Grace to fund trusts and other financial assurance mechanisms that will provide hundreds of millions of dollars to Montana over the next century in the event Grace fails to uphold its ongoing obligations, and it provides an additional $18.5 million in natural resource damages associated with part of the mine site, as well reimbursing Montana for related costs” said Kenny Corley, who led litigation efforts and settlement negotiations on behalf of Montana. 
This is a significant victory for Montana in its tenacious battle through the W.R. Grace bankruptcy and to ensure that W.R. Grace – and not the public or people of Montana – pay to remediate and restore the areas around the infamous Libby Mine,” said Bill Jackson, co-chair of Kelley Drye’s renowned Environmental Litigation Practice.  This was an extremely hard-fought victory,” Corley and Jackson explained, but it was an honor to work with such skilled and dedicated attorneys in the Natural Resource Damage Program, the Department of Environmental Quality, and the Office of the Governor.”

For decades, the lawyers at Kelley Drye have been fortunate to represent public sector clients in historic and incredibly complex natural resource damages and environmental contamination cases of all kinds. In total, Kelley Drye’s public clients have recovered tens of billions of dollars in remediation costs, property damages, natural resource damages, lost tax revenues, and other remedies in a variety of complex environmental matters across America.

Kelley Drye offers the nation’s preeminent environmental practice group for states, attorneys general, local governments, and other public entities. Click here for more on Kelley Drye’s Public Sector representations.