Asarco

MEMORANDUM

ASARCO appeals the district court’s denial of its motion to terminate the East Helena CAMU Trust (“CAMU Trust”) and grant of summary judgment in favor of the United States. We affirm.

The CAMU Trust is an irrevocable trust, established by ASARCO pursuant to a 1998 consent decree. The trust’s stated purpose is to “provide all or part of such financial assurance for certain of the work,” and the agreement directs the trustee to “reimburse the Grantor [ASARCO] or other persons ... for corrective action expenditures ...” (emphasis added). Attached to the trust agreement is a schedule of work and costs for a Corrective Action Management Unit (CAMU) Phase 2 Cell. The work on that cell has yet to be completed, and funds remain in the trust. Accordingly, the trust’s purpose has not been fulfilled or become impossible to fulfill, and the trust does not terminate as a matter of Montana law. See Mont.Code Ann. § 72-33-411(1); see also Testamentary Trust of Child, 153 Mont. 349 , 457 P.2d 447, 452 (1969).

The fact that a subsequent bankruptcy settlement agreement resolved any remaining or future liability on ASARCO’s part for that work also has no bearing on the trust’s…