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Published on 2/22/2008 in the Prospect News Distressed Debt Daily.

Asarco agrees to $8.1 million settlement of Barker Hughesville environmental response claim dispute

By Caroline Salls

Pittsburgh, Feb. 22 - Asarco LLC has agreed to allow $8.1 million in claims for the state of Montana and the Environmental Protection Agency in settlement of an environmental response claim dispute tied to the company's Barker Hughesville (Block P) Mining District NPL Site.

According to a Friday filing with the U.S. Bankruptcy Court for the Southern District of Texas, Montana will have a $7.1 million general unsecured claim against Asarco, and the EPA will have a $1 million general unsecured claim.

Asarco said the state alleges that the company is liable for $58.71 million in past and future response costs related to the Barker Hughesville site under the Comprehensive Environmental Response, Compensation, and Liability Act.

However, Asarco said its share of the response costs should be no more than $3.6 million.

A hearing is scheduled for April 14.

Asarco, a Tucson, Ariz., mining company, filed for bankruptcy on Aug. 9, 2005. Its Chapter 11 case number is 05-21207.


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