Sun, Jul 05, 2009

Business

Asarco reports settling environment disputes

By Tiffany Kary
Bloomberg News
Tucson, Arizona | Published: 07.20.2007
NEW YORK — Tucson-based copper producer Asarco LLC said it had reached a settlement that could resolve lawsuits going back to 1983 with potential liability of $200 million related to environmental problems at its Black Cloud Mine in Colorado.
Asarco, a unit of Mexico City's Grupo Mexico SAB that is reorganizing under Chapter 11 bankruptcy, has three related agreements that resolve most of its liability for leaks from the Leadville, Colo., mine, it said in court documents.
The U.S. and Colorado governments would get unsecured claims of $19.3 million against Asarco. The company would pay $10 million to Resurrection Mining Co., its joint-venture partner in the mine, and Resurrection parent Newmont Mining Corp.
The agreements "promote the public health and welfare" and resolve disputes that have been "heatedly negotiated" by Asarco over the lifetime of the mines, Asarco said in court documents.
Asarco, which filed for bankruptcy protection in 2005, has faced other environmental issues in its reorganization, primarily related to asbestos. Creditors have filed claims worth about $13.5 billion, including $2.6 billion by alleged victims of asbestos poisoning, Asarco has said.
The U.S. Bankruptcy Court in Corpus Christi, Texas, is considering Asarco's request to extend until Dec. 10 the so-called exclusivity period in which the company alone can file a plan of reorganization.
Asarco said previously that it wasn't responsible for preventing the leaks because its joint venture with Resurrection has owned the mine since 1956. The governments said Asarco isn't absolved of responsibility because it and predecessor companies have run the site since 1899.
Resurrection will have a claim against Asarco for $6 million and will make a cash payment of $12.5 million to the U.S. and state governments. It will operate a water-treatment plant and do some cleanup work on the site.
Experts for Asarco estimated the company's liabilities would have been $14 million, far less than the U.S. estimate of more than $200 million. Under the settlement, the company will pay $12.5 million to Colorado and the United States.
Shelby Jordan, a lawyer for Asarco with Jordan, Hyden, Womble, Culbreth & Holzer in Corpus Christi, didn't return a call for comment.
U.S. Bankruptcy Judge Richard S. Schmidt in Corpus Christi is scheduled to hear Asarco's motion to approve the settlement next Friday.
Asarco has yet to file its plan to repay creditors, and no estimate for recoveries from the claims was given. Asarco noted in court documents that the unsecured claims from the U.S. government and Colorado would be treated the same as other unsecured claims.
The company sought protection from creditors in 2005 as global economic growth sparked a surge in copper demand. The metal has more than quadrupled in price during the past four years and reached a record high of $4.04 a pound in May 2006 in New York.
Asarco has about 1,800 Arizona employees and operates the Mission mine, near Sahuarita; the Silver Bell mine, west of Marana; the Ray mine, near Kearny; and the Hayden smelter, 30 miles north of Oracle.