Why were the consent decree negotiations under a confidentiality order?

The confidentiality order was issued by the federal district court in 2002 to encourage and facilitate settlement negotiations. The court determined that the confidentially order was appropriate to ensure that the parties were afforded the opportunity to engage in frank, open discussion so that litigation could be settled promptly and fairly to avoid the uncertainty, expense and delay inherent in a trial. The confidentiality order has been and continues to be effective in helping the parties reach settlements at multiple sites under the framework established by the court. To date, the United States has entered into six consent decrees related to the Clark Fork River watershed providing for cleanup and cost recovery at multiple operable units at the Silver Bow Creek/Butte Area Site, the Anaconda Smelter Site, and the Milltown Reservoir/Clark Fork River Site.