Millions sought from successors of American Zinc, Lead and Smelting for cleanup costs of sites

By Jenie Mallari-Torres | Nov 13, 2018

SPRINGFIELD, Mo. (Legal Newsline) – The federal government and several states and Native American tribes are seeking damages from two companies and executives over the alleged release of hazardous substances and multiple sites around the nation.

The United States of America, on behalf of the Environmental Protection Agency (EPA) the United States Department of the Interior (DOI), and United States Department of Agriculture (USDA); several states; and several Native American tribes filed a complaint on Oct. 31 in the U.S. District Court for the Western District of Missouri Southwestern Division against Blue Tee Corp., Brown Strauss Inc., David P. Alldian, Richard A. Secrist and William M. Kelly citing the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA).

According to the complaint, the plaintiffs allege that the defendants' predecessor, American Zinc, Lead and Smelting Co., disposed of, released, or attempted to release into the environment hazardous substances at several sites in Kansas, Colorado, Oklahoma, Missouri, Illinois, Montana and Tennessee. The plaintiffs are seeking reimbursement for cost of remediation of the alleged release of hazardous substances.

The plaintiffs seek judgment against defendants for damages; costs incurred; declaratory relief; enter an order that Alldian is responsible for $7.3 million; that Secrist is liable for $6.7 million; Kelly is liable for $6.3 million; and other relief as the court deems just. 

They are represented by Acting Assistant Attorney General Jeffrey H. Wood of the Environmental and Natural Resources Division of the U.S. Department of Justice in Washington, D.C. and others.

U.S. District Court for the Western District of Missouri Southwestern Division case number 3:18-cv-05097

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