Comparison of Montana and Wisconsin NRDA Compensation Efforts
Clark Fork River
Clark Fork River
Comparison of Montana and Wisconsin
NRDA Compensation Efforts
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Clark Fork River

Clark Fork River

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Clark Fork River

MONTANA
WISCONSIN
One Company --- ARCO --- responsible for contaminating 126 miles of Clark Fork River (ground, surface water and uplands) with mine waste Seven Paper Companies responsible for dumping PCBs into Fox River, Green Bay and Lake Michigan
NRDA led by State of Montana, with one tribe and minor federal involvement. NRDA led by Fox River Group of 7 paper companies, with oversight by DNR
Expert consulting firm, Triangle Economics Research, used by ARCO against the state claims of economic damages. Expert consulting firm, Triangle Economics Research, used by Fox River Group to write state's analysis of economic damages.
1990 --- State legislature provided $4.9 million to form state NRDA program to address Clark Fork River issue.  Hired 3 lawyers, director, 2 scientists, administrative help, and 30 expert witnesses.   Eventually, $15 million was provided by state for expenses.  (100 experts eventually used.) 1997 --- Signed state/company agreement for $10 million, of which $775,000 was used for state NRDA.   Fox River Group selected all consultants and expert witnesses to complete the project.
1990-97 --- Produced a 30 volume "Report of Assessment."

1997 --- State took case to trial, over a period of a year.

1998 --- State recovered $215 million in partial settlement.  Included $80 million for cleanup of one area, and $15 million reimbursement to state for legal and assessment expenses.  Net NRDA gain was $120 million.

2000 --- Using the NRDA gain of $120 million, state  created the "Upper Clark Fork River Restoration Fund" as an ongoing grant program to fund fish and wildlife habitat restoration projects along the river.  First year grants totaled $7 million, just using the interest.   State decided to spend only interest funds until "Record of Decision" is final on the cleanup plan, so they can tailer bulk of restoration funds to complement cleanup activities.

2001 --- State is considering pursuing second half of case to gain an additional $200 million NRDA settlement from ARCO. 

1998 --- State formally announced beginning of state NRDA process, with slim "Preassessment Screening" document.

1999 --- State produced 1-volume plan describing how a final NRDA plan would be written, but final comprehensive NRDA plan was never prepared.

2000 --- In a surprise announcement, state signed first settlement with Georgia-Pacific Corporation (Fort James) for only $7 million. 

2001 --- $7 million deal was suspended indefinitely following a state Legislative Audit Committee hearing where serious questions were raised about the adequacy of the settlement.

2002 --- A surprise $16.1 million settlement was announced with Georgia-Pacific, with the state, joined by the federal government, tribes and state of Michigan.   (This is only 20% of the $73 million share Georgia-Pacific was expected to pay under the Clinton Administration's compensation plan.)

 

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Clark Fork River
Fox River Watch is a project of

Clean Water Action Council
1270 Main Street, Suite 120, Green Bay, WI 54302 
Phone: 920-437-7304, Fax: 920-437-7326 
E-mail:  CleanWater@cwac.net

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