Vetoed by Governor Jay Nixon

Vote Smart's Synopsis:

Vote to repass a bill, after having concurred with Senate amendments thereto, that limits damages a defendant is required to pay in a civil action suit related to contamination from hard rock mining.

Highlights:

• Limits to a combined total of no more than $2.5 million the punitive or exemplary damages that defendants are required to pay in a civil action suit related to claims of exposure or contamination arising from the defendants’ alleged ownership, maintenance, or management of an underground hard rock mining or milling site that ceased operations prior to January 1, 1975 (Sec. A).

• Exempts an individual or entity alleged to have owned, maintained, or managed an underground hard rock mining or milling site from being required to pay punitive or exemplary damages if the individual or entity provides evidence that a “good faith effort” has been, or is currently being, made to remediate the site (Sec. A).

• Specifies that a “good faith effort” includes “substantial” compliance with an order or permit issued or negotiated by the individual or entity with the state of Missouri or the United States concerning remediation or closure of the site (Sec. A).

• Specifies that the provisions of this bill do not prevent parties from pursuing compensatory damages, including claims for natural resource damages (Sec. A).

Full Bill Text