-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, URZLrztVXscCe9mhjB+lxoclSflARhBd4/EyDisYa1DdEnJIrkpPd77AnNtfsG2B fUijdgimmlKkupH8j8qZ5w== 0001015402-04-000586.txt : 20040219 0001015402-04-000586.hdr.sgml : 20040219 20040219102235 ACCESSION NUMBER: 0001015402-04-000586 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040218 ITEM INFORMATION: Other events FILED AS OF DATE: 20040219 FILER: COMPANY DATA: COMPANY CONFORMED NAME: AMERICAN ECOLOGY CORP CENTRAL INDEX KEY: 0000742126 STANDARD INDUSTRIAL CLASSIFICATION: REFUSE SYSTEMS [4953] IRS NUMBER: 953889638 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-11688 FILM NUMBER: 04614783 BUSINESS ADDRESS: STREET 1: 805 W IDAHO STREET 2: STE 200 CITY: BOSIE STATE: ID ZIP: 83702 BUSINESS PHONE: 2083318400 MAIL ADDRESS: STREET 1: 805 W IDAHO STREET 2: STE 200 CITY: BOISE STATE: ID ZIP: 83702 8-K 1 doc1.txt UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): February 18, 2004 AMERICAN ECOLOGY CORPORATION (EXACT NAME OF REGISTRANT AS SPECIFIED IN ITS CHARTER) DELAWARE 0-11688 95-3889638 -------- ------- ---------- (State or other jurisdiction of (Commission File Number) (I.R.S. Employer incorporation or organization) Identification Number) Lakepointe Centre I, 300 E. Mallard, Suite 300 Boise, Idaho 83706 ------------------------- ----- (Address of principal executive (Zip Code) offices) (208) 331-8400 -------------- (Registrant's telephone number, including area code) ITEM 5. OTHER EVENTS. On February 19, 2004, the Company issued a press release entitled "U.S. Court of Appeals Affirms Judgment against Nebraska in Low-Level Radioactive Waste Lawsuit". The press release, dated February 19, 2004, is attached as Exhibit 99 and incorporated by reference herein.
Exhibit 99 Press Release, dated February 19, 2004, entitled "U.S. Court of Appeals Affirms Judgment against Nebraska in Low-Level Radioactive Waste Lawsuit"
2 SIGNATURES - ---------- Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized. AMERICAN ECOLOGY CORPORATION (Registrant) Date: February 19, 2004 By: /S/ James R. Baumgardner ----------------------------------------------- James R. Baumgardner Senior Vice President, Chief Financial Officer, Secretary and Treasurer 3
EXHIBIT INDEX Exhibit Description - ------- ----------- Exhibit 99 Press Release, dated February 19, 2004, entitled "U.S. Court of Appeals Affirms Judgment against Nebraska in Low-Level Radioactive Waste Lawsuit".
4 EX-99 3 doc2.txt EXHIBIT 99 EXHIBIT 99 FOR IMMEDIATE RELEASE / THURSDAY, FEBRUARY 19, 2004 Contact: Chad Hyslop (208) 331-8400 info@americanecology.com www.americanecology.com - ------------------------ ----------------------- U.S. COURT OF APPEALS FOR EIGHTH CIRCUIT AFFIRMS JUDGMENT AGAINST NEBRASKA IN LOW-LEVEL RADIOACTIVE WASTE LAWSUIT AMERICAN ECOLOGY SUBSIDIARY'S PORTION OF JUDGMENT $12.3 MILLION BOISE, IDAHO - Stephen Romano, President and Chief Executive Officer of American Ecology Corporation (NASDAQ:ECOL) 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 Commission ("CIC") 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") disposal facility near Butte, Nebraska. 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 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, 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 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 and its most recent Form 10-Q filed with the Securities and Exchange Commission. # # # -----END PRIVACY-ENHANCED MESSAGE-----