P4 Production LLC, a subsidiary of Monsanto and Bayer AG, received two complaints on Monday asking the Idaho District Court to rule that the company is liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to pay recovery costs paid by the defendant to clean up hazardous substances, specifically selenium and heavy metals.
The defendants, including the Shoshone-Bannock Tribes of the Fort Hall Reservation, the State of Idaho, and the United States, claimed that P4 Production is responsible for releases, and threatened releases, of hazardous substances at the Ballard Mine Site, a former open-pit phosphate mine located in Caribou County, Idaho.
According to the complaint filed by Idaho and the United States, the Environmental Protection Agency (EPA) managed cleanup operations and divided response actions into “operable units” and assigned them to various parties. The United States purported that it incurred at least $300,000 in clean up costs which it has not yet been reimbursed for. The state of Idaho did not give a specific amount, but claimed that it has incurred costs in cleaning up the hazardous substances and will continue to incur further costs.
Idaho also cited the Idaho Environmental Protection and Health Act, and purported that it should receive additional relief under the state law. Idaho and the United States filed claims for cost recovery and injunctive relief requiring P4 Production to follow response actions recommended by the EPA to reduce the threat of hazardous substance release at the site.
The Shoshone-Bannock Tribes explained in their complaint that the site is within the tribes’ aboriginal territory and is about a mile away from where the plaintiff has treaty rights for hunting, fishing, and gathering. Additionally, the tribes provided coordination and assistance to the EPA during the site’s cleanup and incurred costs in the response. They further purported that these costs will be ongoing and asked for recovery of the costs from the defendant.
The Shoshone-Bannock Tribes are represented by their own general counsel and Jill Grant & Associates. The United States and Idaho are represented by their respective attorneys general.
