Albuquerque Journal

EPA close to settling claims on mine spill

$1.2 billion in damages sought after toxic waste polluted rivers

- BY MICHAEL COLEMAN

WASHINGTON — Environmen­tal Protection Agency Administra­tor Scott Pruitt said Monday that the federal government is close to finishing its assessment of roughly 400 claims for financial damages stemming from the 2015 Gold King Mine spill, which dumped toxic chemicals into waters in New Mexico, Colorado and Utah, and final recommenda­tions could be ready by the end of the month.

Former EPA Administra­tor Gina McCarthy, an Obama-era appointee, announced toward the end of her tenure in 2016 that the government would not pay any damages to farmers and others harmed by the toxic spill, arguing it was not allowed under the Government­al Tort Claims Act. But after President Donald Trump

appointed Pruitt in early 2017, the former Oklahoma attorney general vowed to re-examine the issue.

“We’ve been working diligently since last summer to go through each of those (claims), and we are close to finishing,” Pruitt said in response to a question from the Journal during a meeting with a small group of reporters in his office Monday.

The August 2015 mine spill occurred when a crew hired by the EPA to mitigate leakage from an old mine site accidental­ly punctured a containmen­t wall, sending a plume of toxic orange waste out of the defunct Gold King Mine, north of Silverton, Colo. The sludge flowed from the Animas River into the San Juan River, which flows into northern New Mexico and to Utah. Claims totaling more than $1.2 billion have been filed by members of the Navajo Nation and others.

“This agency contribute­d to a release of toxic materials into the water supply and the Animas River and then walked away,” Pruitt said Monday. “It was a de facto, universal, categorica­l denial of claims. The defenses that have been deployed under the Government­al Tort Claims Act to deny liability, I don’t think are there based upon the facts I’ve reviewed. I think the people of each of those respective states deserve to have their claims processed and if the (toxic) release caused harm and damages, how much? It’s fair and right for us to deal with those and make a determinat­ion.”

Pruitt noted that any claim in excess of $2,500 must be adjudicate­d by the Department of Justice, but claims below $2,500 can be settled directly by the EPA. He said the 400 claims range from “a couple hundred dollars to more than $10 million.”

About 400 private parties submitted requests for a total $318 million, according to EPA documents reviewed by The Associated Press. The claims cited lost wages and business income, ruined vacations, property damage, loss of property value and health problems.

“The last I heard is it’s imminent,” Pruitt said of the EPA’s settlement recommenda­tions, although EPA officials aren’t sure when actual payments to claimants could be made. “You’ve got to determine if it’s legitimate or not and then make a decision.”

Parties who have filed lawsuits against the EPA in connection with the spill must have their claims adjudicate­d by the courts, not the EPA.

New Mexico sued the EPA and is seeking at least $130 million in damages.

In unrelated news, Pruitt told the Journal he would cooperate with a federal General Accountabi­lity Office inquiry into the EPA’s spending on a “privacy booth” to secure communicat­ions in his office.

On Monday, Sen. Tom Udall, D-N.M., wrote Pruitt asking him to comply with the inquiry, noting that the GAO sent its first request of several seeking informatio­n to the EPA on Dec. 21, 2017, but the EPA has not responded.

Under section 710 of the Consolidat­ed Appropriat­ions Act of 2017, the administra­tion can’t spend more than $5,000 to furnish, redecorate, or make improvemen­ts to the office of a presidenti­al appointee without first notifying the House and Senate appropriat­ions committees, according to Udall’s office. Published reports have said the booth may have cost more than $43,000.

“I am concerned that the agency may be misleading the committee and the public about the function of the privacy booth while also inappropri­ately classifyin­g the expense as related to national security in order to avoid proper notificati­on under section 710,” Udall, a member of the Senate Appropriat­ions Committee, wrote to Pruitt. “The American people deserve an open and transparen­t budget process.”

Pruitt told the Journal his office would comply with the GAO inquiry, but he declined to discuss the matter further.

“We’ll provide whatever informatio­n is necessary, and we’ll let it speak for that when we send it,” Pruitt said. “We’ll just respond to the GAO and deal with that in due course.”

 ??  ?? Scott Pruitt
Scott Pruitt
 ?? GEOFF LIESIK/DESERET NEWS ?? Wastewater streams out of the defunct Gold King Mine in August 2015. Environmen­tal Protection Agency Administra­tor Scott Pruitt says the EPA has nearly finished reviewing damage claims from the spill.
GEOFF LIESIK/DESERET NEWS Wastewater streams out of the defunct Gold King Mine in August 2015. Environmen­tal Protection Agency Administra­tor Scott Pruitt says the EPA has nearly finished reviewing damage claims from the spill.

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