May 2010

Agricultural Company Wins Dismissal of Natural Resource Damages on Summary Judgment

United States - Oklahoma

A global agricultural company defended against an attorney general suit that sought injunctive relief under Resource Conservation and Recovery Act (RCRA) § 7002 and over $1 billion in damages for natural resource damages under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) relating to the land application of animal manure in the Illinois River Watershed.

Faegre Baker Daniels, in conjunction with a joint-defense group, secured the dismissal of all damages on summary judgment, which was upheld on interlocutory appeal to the 10th Circuit. The defense group also defeated plaintiff’s attempt to obtain a RCRA preliminary injunction, and the RCRA claims were later dismissed after a five-month trial.

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