On July 1, 2013, Judge Joseph Bataillion of the U.S. District Court for the District of Nebraska (the "Court") issued summary judgment for Union Pacific Railroad Company (Union Pacific) in a suit for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq. (CERCLA) filed by Asarco LLC (Asarco). Asarco LLC v. Union Pac. R.R. Co., No. 8:12CV416, 2013 WL 3322003 (D. Neb. July 1, 2013). Asarco sought contribution for remediation costs associated with the Omaha Lead Superfund Site (Site) in Omaha, Nebraska. Asarco and Union Pacific had jointly operated a metals refinery and smelter at the Site....

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