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Federal Appeals Court Dismisses Ward Valley Damages Suit



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Federal Appeals Court Dismisses Ward Valley Damages Suit

PG&E unit bankruptcy is third-largest

==========================================



American Ecology Announces Federal Appeals Court Dismisses Ward 

Valley Damages Suit

  

BOISE, Idaho--(BUSINESS WIRE)--April 6, 2001-- 



American Ecology Reaffirms Commitment to Seek Recovery of 

Damages from State of California in Pending State Court Litigation 



Jack K. Lemley, Chairman, President and CEO of American Ecology 

Corporation (Nasdaq:ECOL), today announced that a lawsuit filed by 

subsidiary US Ecology, Inc. to recover damages from the federal 

government for its failure to complete the land transfer for the Ward 

Valley low-level radioactive waste ("LLRW") disposal project had been 

dismissed on appeal. 



The ruling, issued on March 30, 2001 by the U.S. Court of Appeals for 

the Federal Circuit, held that sufficient evidence was not presented 

to establish that the federal government intended for any third party 

-- such as US Ecology -- to have rights under an alleged contract 

between the federal government and the State of California to 

purchase the Ward Valley site. The Court did not rule on the issues 

of contract formation or US Ecology's standing to appeal. 



"While we are disappointed in the ruling, American Ecology believes 

its case against the State of California remains strong," Lemley 

commented. "US Ecology intends to vigorously pursue completion of the 

land acquisition by California or recovery of monetary damages in 

State Court," Lemley added. 



In May 2000, US Ecology filed suit against the State of California in 

Superior Court for the County of San Diego seeking to compel the 

State to resume efforts to acquire the Ward Valley site. This pending 

suit also seeks recovery of costs incurred, interest, lost profits 

and certain legal expenses exceeding $162 million. 



In October, 2000, California Superior Court Judge S. Charles 

Wickersham issued an Order granting California's motion to dismiss 

the case. US Ecology appealed that ruling, and briefing is now 

underway. Oral argument has not been set. "The State of California 

still has a contractual obligation to US Ecology and nothing in the 

recent federal court ruling changes that," Lemley concluded. 



American Ecology Corporation, through its subsidiaries, provides a 

variety of radioactive, PCB, hazardous and non-hazardous waste 

services to commercial and government customers throughout the United 

States, such as nuclear power plants, medical and academic 

institutions and petro-chemical facilities. The company provides 

scientific solutions that protect people and the environment. 

Headquartered in Boise, Idaho, the Company is the oldest radioactive 

and hazardous waste services Company in the United States. 

----------------



PG&E unit bankruptcy is third-largest

Utility stands behind Texaco, Financial Corp. 

SAN FRANCISCO (CBS.MW) - When Pacific Gas & Electric on Friday sought 

Chapter 11 protection from its creditors, the electric utility took 

an infamous place in history.

Its bankruptcy filing - listing $24.18 billion of assets - ranks the 

utility third on the list of the largest U.S. bankruptcies, according 

to Bankruptcydata.com. Ahead of Pacific Gas & Electric, which is a 

subsidiary of PG&E Corp. 

({HYPERLINK "/tools/quotes/intChart.asp?siteid=aolpf&symb=PCG"}PCG) , 

are Texaco 

({HYPERLINK "/tools/quotes/intChart.asp?siteid=aolpf&symb=TX"}TX) , 

which filed in 1987 with $35.9 billion of assets, and Financial Corp. 

of America, which filed in 1988 with $33.9 billion of assets. 

MCorp is fourth on the list, listing $20.2 billion of assets when it 

filed in 1989, and in fifth place - First Executive Corp., which 

filed in 1991 with assets of $15.2 billion of assets.

According to Susan Abbott, a managing director at Moody's Investors 

Service, there have been only two other utility bankruptcies - Public 

Service of New Hampshire and El Paso Electric Co. Both were small 

companies and can't compare to Pacific Gas & Electric, she noted.

Pacific Gas & Electric gave up on solvency, in part because it has 

almost $9 billion worth of debt and saw no relief in sight from the 

state of California. Although California Gov. Gray Davis signed a 

mandate Thursday night to raise the state's electricity rates, Abbott 

pointed out that the utility, in its conference call, said that there 

has been much talk but very little action taken by the state.

"And that's what brought them to the place they are now," she said. 

"It appeared there were a couple of elements that PG&E couldn't live 

with: there was virtually no progress being made on their case with 

the governor's office, they are still exposed to obligations related 

to net short positions, and the rate increase signed by Davis last 

night doesn't do anything to help the situation."

That leaves Pacific Gas & Electric peer Southern California Edison 

flapping in the wind. Abbott said it's a toss-up as to whether 

SoCalEd, a division of Edison International 

({HYPERLINK "/tools/quotes/intChart.asp?siteid=aolpf&symb=EIX"}EIX) , 

will follow Pacific Gas & Electric's lead. But they're in the very 

same boat, she said.

"They have continuing obligations for net short positions, the 

structure of the market continues to be a mess, and there's no relief 

for the debt they've taken on," Abbott said.

Although SoCalEd would likely file for bankruptcy and not its parent, 

Edison has about $37.9 billion worth of assets as of Sept. 30, 2000, 

according to data from Hoover's.



------------------------------------------------------------------------

Sandy Perle					Tel:(714) 545-0100 / (800) 548-5100   				    	

Director, Technical				Extension 2306 				     	

ICN Worldwide Dosimetry Service		Fax:(714) 668-3149 	                   		    

ICN Pharmaceuticals, Inc.			E-Mail: sandyfl@earthlink.net 				                           

ICN Plaza, 3300 Hyland Avenue  		E-Mail: sperle@icnpharm.com          	          

Costa Mesa, CA 92626



Personal Website: http://sandyfl.nukeworker.net

ICN Worldwide Dosimetry Website: http://www.dosimetry.com



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