EPA on Gold King Mine spill: We don’t have to pay for our mess
Just because bureaucrats say, “We’re from the government, we’re here to help” doesn’t mean they’re here to pay the bills, even when the government caused the problem, The Environmental Protection Agency said Friday it can’t be sued for the $1.2 billion in damages it caused with the Gold King Mine spill in southwest Colorado in 2015.
The federal agency is exercising sovereign immunity, saying the Federal Tort Claims Act prevents it from paying damages. It was an EPA contractor who breached the mine. Millions of gallons of toxic water laden with heavy metal flowed into the headwaters of the Animas River, which flowed into the San Juan River in New Mexico.
The spill caused losses to crops, fishing, water quality, tourism and more problems downstream. The 73 claims came from local governments, businesses, individuals and tribes in Colorado, New Mexico and the Navajo Nation.
The news didn’t sit well with Colorado’s congressional members.
“This decision is disappointing and I plan to work with Sen. (Michael) Bennet and Congressman (Scott) Tipton on legislation to ensure my constituents are made whole from this EPA-borne spill,” Sen. Cory Gardner said in a statement.
Gardner, a Republican from Yuma, vowed that he, Bennet and Tipton would work on a legislative fix.
“When the law allows the government to hide from those whom it has harmed, the law must change,” Gardner said.
Bennet, a Democrat from Denver, said the mess is the EPA’s responsibility.
“The agency has broken its promise to make our communities whole in the days after the spill,” Bennet said in a statement. ” … We will continue to work with affected states to ensure that all victims are compensated for their losses. We will also continue to push for local governments to receive full reimbursement from the EPA for costs incurred due to the spill.”
Tipton, a Republican from Cortez, added, “It is hard to believe that the EPA has determined existing statute prohibits the agency from taking full responsibility and remedial actions following the Gold King Mine spill, when the agency has so clearly shown little regard for statute in implementing its regulatory agenda over the past eight years.”
They’re even madder in New Mexico.
“New Mexico’s children, families and economy have already been devastated by the EPA’s horrific actions, and now the EPA is revictimizing our state and the Navajo Nation with its reckless refusal to take full responsibility for the toxic Gold King Mine spill,” New Mexico Attorney General Hector Balderas said in a statement. “Our families and farmers rely on this water, and I will continue to aggressively pursue litigation to obtain justice for our culturally unique population and fragile economy.
NMPolitics.net wrote Friday afternoon that claims were filed because EPA encouraged those hurt by the spill to do so.
The agency even wrote on its website seeking claims, EPA takes responsibility for the Gold King Mine release and is committed to continue working hand-in-hand with the impacted local governments, states and tribes.”

