Red Dog Mine operators ask judge to enforce lawsuit settlement
Published Sunday, August 3, 2008
ANCHORAGE -- The operator of the Red Dog Mine has asked a federal judge to enforce a settlement of a multimillion-dollar lawsuit accusing the mine of discharging excess pollutants into a creek.
The lawsuit was scheduled to go to trial in May. Both sides at that time filed a notice in federal court that they had reached a settlement.
Six people from the Northwest Arctic village of Kivalina filed the lawsuit.
In its filing Friday, mine operator Teck Cominco said the plaintiffs had changed their minds about the settlement.
All but one of the plaintiffs' proposed changes to the settlement have been resolved, according to Teck Cominco.
The sticking point is a clause that allows future lawsuits involving violations of the mine's water pollution permit, the British Columbia-based company said.
According to the company's court filing, the plaintiffs say if that if Teck Cominco will not accept the disputed change, the company must either pay additional money or go to trial.
Teck wants U.S. District Judge John Sedwick to enforce the original settlement with the changes that have been agreed upon.
In the settlement, Teck Cominco agreed seek state and federal permission to build a pipeline to discharge treated wastewater in the ocean and to give water filtration units to Kivalina residents.
Teck also agreed to give an unspecified amount of money to Kivalina and pay automatic penalties if effluent limits agreed upon were exceeded.
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What? Go to court when one side reneges on a settlement? This was to avoid a trial, it does not mean anything wrong was done. In today's world it is often cheaper and easier to settle rather than go through a long drawn out legal battle. Any one can file a suit, it does not mean that they would win in court.
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