ASARCO, LLC v. Union Pacific Railroad

*1002 OPINION

ASARCO, LLC (“Asarco”) appeals the district court’s dismissal of its contribution action brought under § 113(f) of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. §§ 9601-9675 . Asarco seeks to recover from Union Pacific Railroad Co. and Union Pacific Corp. (together, “Union Pacific”) a share of $482 million in cleanup costs Asarco paid for environmental harm at the Coeur d’Alene Superfund Site in Northern Idaho. The district court dismissed the action under Federal Rule of Civil Procedure 12(b)(6), concluding that although Asarco’s claim was timely, it was barred by a 2008 settlement agreement between the parties that settled Union Pacific’s claims against Asarco at the same site. We conclude that Asarco’s claim was timely, but that the parties’ 2008 settlement agreement did not unambiguously release Asarco’s claim here. We therefore reverse the district court’s judgment dismissing the case under Rule 12(b)(6).

Background

Asarco and Union Pacific both participated in nearly a century of mining operations in the Coeur dAlene River watershed, a 1,500-square-mile area located in Idaho’s northern panhandle. Asarco…