U.S. Court of Appeals Affirms Judgment against Nebraska in Low-Level Radioactive Waste Lawsuit; American Ecology Subsidiary's Portion of Judgment $12.3 Million.Business Editors BOISE, Idaho--(BUSINESS WIRE)--Feb. 19, 2004 Stephen Romano, President and Chief Executive Officer of American Ecology Corporation (Nasdaq:ECOL ECOL es.comp.os.linux.* (newsgroups) ECOL Emmanuel Church of Lakewood (San Francisco, CA) ) today announced that on February 18, 2004, the U.S. Court of Appeals for the Eighth Circuit affirmed a September 2002 U.S. District Court judgment in favor of the Central Interstate Low-Level Radioactive Waste Noun 1. low-level radioactive waste - (medicine) radioactive waste consisting of objects that have been briefly exposed to radioactivity (as in certain medical tests) Commission ("CIC CIC circulating immune complexes. CIC Circulating immune complexes. See Immune complexes. ") against the State of Nebraska based on actions taken by the state to thwart development of the CIC's proposed low-level radioactive waste ("LLRW LLRW Low-Level Radioactive Waste ") disposal facility near Butte, Nebraska Butte is a village in Boyd County, Nebraska, United States. The population was 366 at the 2000 census. It is the county seat of Boyd CountyGR6. Geography Butte is located at (42.911549, -98. . The Court of Appeals opinion concludes that the District Court did not err in finding that Nebraska breached its good faith obligation to the CIC, or in striking Nebraska's demand for a jury trial, fashioning monetary relief, in its award of damages and interest, or in any other respect relevant to Nebraska's appeal. The Court of Appeals upheld the District Court damages judgment in the amount of $151,408,240 including prejudgment pre·judge tr.v. pre·judged, pre·judg·ing, pre·judg·es To judge beforehand without possessing adequate evidence. pre·judg interest. Of this amount, the Court of Appeals identified US Ecology credits of $6.2 million and upheld prejudgment interest. The District Court set US Ecology's prejudgment interest at $6.1 million. "We are very pleased with the U.S. Court of Appeals' judgment, which affirms the District Court judgment in its entirety," Romano stated, concluding, "The Company intends to move forward in coordination with the other plaintiffs to assert its interests in this matter." US Ecology submitted its application to construct and operate the proposed Butte, Nebraska LLRW disposal facility in 1990. In December of 1998, the State of Nebraska denied the license. Four electric utility companies that substantially funded the project sued Nebraska alleging bad faith. One of the utilities subsequently withdrew. The CIC was originally joined in the suit as a defendant, but was later realigned as a plaintiff. US Ecology intervened to recover its contributions to the project. A copy of the February 18, 2004, opinion and judgment is available online at: http://www.ca8.uscourts.gov/opndir/04/02/023747P.pdf. Conference Call The Company's 2003 investor conference call will be held Friday, February 20, 2004, at 10:00 am Mountain Time. Mr. Romano, Senior Vice President and Chief Financial Officer Jim Baumgardner, and Vice President and Controller Michael Gilberg will host the call and discuss the ruling. Interested parties are invited to submit questions in advance to info@americanecology.com, or by facsimile to 208-331-7900. To join the call, dial 1-888-747-3526. Participants will be asked to provide their name and affiliation. American Ecology Corporation, through its subsidiaries, provides radioactive, PCB PCB: see polychlorinated biphenyl. PCB in full polychlorinated biphenyl Any of a class of highly stable organic compounds prepared by the reaction of chlorine with biphenyl, a two-ring compound. , hazardous and non-hazardous waste services to commercial and government customers throughout the United States, such as nuclear power plants, steel mills, medical and academic institutions, refineries and chemical manufacturing facilities. Headquartered in Boise, Idaho, the Company is the oldest radioactive and hazardous waste Hazardous waste Any solid, liquid, or gaseous waste materials that, if improperly managed or disposed of, may pose substantial hazards to human health and the environment. Every industrial country in the world has had problems with managing hazardous wastes. services company in the United States. This press release contains forward-looking statements that are based on our current expectations, beliefs, and assumptions about legal and other matters that could materially impact American Ecology Corporation and its subsidiaries. Actual results or outcomes may differ materially from what is expressed herein and no assurance can be given that the U.S. Court of Appeals will not be reversed on further appeal, or that the Company will ultimately recover any damages in the case. For this and other information on factors that could cause actual results to differ from expectations, please refer to American Ecology Corporation's Report on Form 10-K Form 10-K A report required by the SEC from exchange-listed companies that provides for annual disclosure of certain financial information. Form 10-K See 10-K. and its most recent Form 10-Q Form 10-Q See 10-Q. filed with the Securities and Exchange Commission. |
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