Montana State Court Enters Preliminary Injunction Against Former Owner of Railcar Repair

After the Montana Department of Environmental Quality brought a multi-million dollar enforcement action against an owner of a railcar repair and refueling facility located in Miles City, Montana, Mr. Tarpey represented the company in an indemnification action against the site's former owner, alleging that the former owner was responsible for the environmental contamination at the site. The action was brought on an emergent basis because the former owner had announced its plans for dissolution.

After a three-day evidentiary hearing, a state court in Montana entered a preliminary injunction against the former owner, ordering the former owner to set aside appropriate funds to cover the multi-million dollar clean-up of the site mandated by the Montana Department of Environmental Quality.