Source: http://www.businessexaminer.com, August 15, 2014
Point Ruston LLC, the developer building out the former Asarco smelter Superfund site on Commencement Bay’s waterfront, has filed notices of claims totaling more than $150 million against the City of Ruston.
The legal process places these claims as a precursor to possible future lawsuits seeking monetary contribution and treble damages from the municipality related to environmental clean-up of the site.
“Most of our governmental partners have stepped up to the plate to move the cleanup forward,” said Michael Cohen, managing partner of the construction and development firm behind the Point Ruston project. “Unfortunately, the City of Ruston’s contribution has been to add to the pollution at this site and stand in the way of finalizing our work.”
Cohen pointed to a $31 million public-private partnership with City of Tacoma to re-build the public road and utilities to the site. State of Washington also made a multi-million dollar investment in cleanup of the tidelands and sediments along the shorelines of the site. And the federal Environmental Protection Agency has been providing oversight and supervision for the entire Superfund project.
The legal claims filed yesterday point to a history of municipal government in Ruston allegedly committing environmental malfeasance at the site, including that the city has hindered the claimant’s cleanup and caused further spread of contaminants.
A timeline has started that must play out before Point Ruston is permitted to file lawsuits, starting with a formal reply from the City answering the claims.