EPA May Be Liable for Losses in Colorado Mine Spill

The Environmental Protection Agency and its contractors may have to pay millions of dollars in damages after mistakingly releasing toxic sludge that tainted a Colorado river, preventing its use by ranchers and residents. Mustard-colored water continued to leak Monday from the long-abandoned Gold King Mine in Silverton, Colorado, and into the Animas River, after the EPA said it “unexpectedly triggered” a Aug. 5 blowout. The agency set up a claims process for losses from the 3 million gallons that leaked, three times more than initially estimated. While the Clean Water Act and environmental rules often exempt federal agencies and clean-up personnel from legal liability, such protections are voided for negligence, or if the clean-up crew triggers a new pollution release. “It’s certainly a black eye for the EPA,” said Thaddeus Lightfoot, a partner at Dorsey & Whitney in Minneapolis who often represents industry clients facing action by the agency. “If EPA causes this kind of release, they need to be held responsible, just as a private party would be.” Federal, state and local officials closed the Animas and San Juan rivers to fishing and boating, and barred water withdrawals for ranching or residential use. The rivers will be closed until at least Aug. 17, local EPA Administrator Shaun McGrath said Monday. “We’ll have an independent investigation to find out what happened,” McGrath said on a conference call. “We’ll be taking steps in the future to make sure this doesn’t happen again.”...more