CERCLA/Superfund

CERCLA/RCRA Historical ResearchCERCLA/RCRA Historical Research

SHRA has performed historical research on hazardous waste sites across the United States, including the Upper Columbia Basin (Washington State), Bunker Hill (Idaho), Globe/Miami (Arizona), and others. Through examination of corporate documents, federal documents from the National Archives, state documents from enforcement agencies, and other relevant sources, SHRA has been able to assist clients in successful negotiations over cleanup, remediation, and liability. Historical documentation of operations, ownership, and general land use has proven critical to many clients. Research can include:

  • A history of hazardous materials discovery;
  • History of parcel and operations ownership;
  • Other potentially responsible parties (PRPs);
  • History of federal enforcement at the site.

Select Past Projects

Joseph Pakootas et al v. Teck Cominco, Inc. (2011-2012)

In the matter of Pakootas et al v. Teck Cominco, SHRA provided historical research on metal
mining in northern Washington and Idaho in an effort to determine liability for pollution in Lake
Roosevelt, an impoundment on the Columbia River that borders the Colville Indian Reservation.
Teck advanced a divisibility defense which was struck down by the Eastern District Court of
Washington State. Dr. Jennifer Stevens served as a rebuttal expert on behalf of the Colville
Confederated Tribes and the State of Washington, and provided deposition testimony before the
case was settled out of court in favor of the Tribes and the State of Washington in September
2012.

Client Confidential
SHRA researched and provided an expert report on a metals mining processing plant in the
southern United States. SHRA answered questions regarding the standards in the industry at
the start of the 20th century, and how this particular site fit into the industry as a whole. Our
researchers examined federal government documents as well as industry sources to construct a
narrative related to the extraction, processing, and sale of this particular metal across the United
States in the early 1900s in a case that revolved around piercing the corporate veil.

Client Confidential
SHRA was hired to research and write a history of federal regulation on a Superfund mineral
processing plant in preparation for potential litigation on the site. Using corporate and federal
records, we reconstructed the history of the regulatory history of the entire industry, as well
as how that regulation played out on this particular site. In particular, SHRA focused on the
company’s historical efforts to comply with said regulations.

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