In a major legal victory for the state, a judge has ruled that BNSF Railway is responsible for cleaning up a polluted former oil refinery site in Kalispell, a cleanup estimated to cost $32.5 million.
The ruling by state District Judge Jeff Sherlock of Helena was the first state Superfund hazardous-waste case that state regulators had taken to trial.
Cynthia Brooks, the Department of Environmental Quality attorney on the case, said Thursday the ruling clearly defines how BNSF or other parties with a stake in Superfund sites are responsible for cleanup of pollution at waste sites.
“I’d hope this (ruling) means responsible parties like BNSF will recognize the liability, and rather than choose to deny it they will accept that liability, clean up the site quickly and not draw the process out,” she said.
BNSF, however, indicated Thursday it strongly disagrees with the ruling, leaving open the possibility of an appeal to the Montana Supreme Court.
The railroad said it’s already spent $5 million cleaning up waste at the site, but that it “never owned or leased the refinery property,” which was the focus of the order.
Full story: http://www.helenair.com/articles/2009/02/13/top/65st_
090213_bnsf.txt
