EPA v. Federal Resources Corp./Camp Bird Colorado Bankruptcy

Case summary

There is a judicially-approved settlement in the Federal Resources Corporation bankruptcy case. The insurance companies who provided coverage to Federal Resources will be paying $900,000 (the maximum amount under their historic policies) to the Bankruptcy Trustee, who in turn will make distribution payments of $400,000 each to EPA Region 10 and the U.S. Forest Service (who were co-claimants in the bankruptcy case). The Trustee will retain $100,000 to pay for administrative expenses. The payment to EPA will be for the reimbursement of response costs incurred for the Minnie Moore Mine Site and Conjecture Mine Site. This will in all likelihood be the last reimbursement payment Region 10 will receive for these Sites. There are no other PRPs other than Federal Resources and its owner, Bentley Blum, who will both be receiving covenants-not-to-sue from the U.S. as part of the settlement. There is one other valuable asset of Federal Resources, but a percentage of the distribution of proceeds from an eventual sale of that asset will go to EPA Region 8, who holds a secured administrative expense claim that is superior to the EPA Region 10 non-secured general claim. Since EPA Region 10 is no longer performing any activities at either Site, the $400,000 will be paid into the general Superfund. This settlement culminates almost 8 years of litigation.

Defendants (2)

• FEDERAL RESOURCES CORPORATIONNamed in complaintNamed in settlement
• CAMP BIRD COLORADONamed in settlement

Facilities (2)

• CONJECTURE MINE

  6 MI S OF LAKEVIEW, CLARK FORK, ID, 83811

  Registry ID: 110024424997

• MINNIE MOORE MINE

  2 MI W ON BRADFORD RD FROM BELLEVUE, BELLEVUE, ID, 83313

  Registry ID: 110013804213

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• Federal Resources Corp./Camp Bird Colorado Bankruptcyentered 2018-08-23

  Primary law: CERCLA

Timeline (5 milestones)

• 2015-01-26Referred To Dept Of Justice
• 2015-06-25Complaint Filed With Court
• 2015-10-06Enforcement Action Data Entered
• 2018-08-23Final Order Lodged
• 2018-08-23Final Order Entered