The Denver Post

N. M. threatens to sue EPA, Colo., mine owners

- By Bruce Finley Bruce Finley: 303- 954- 1700, bfinley@ denverpost. com or @ finleybruc­e

New Mexico on Thursday announced plans to sue the EPA, Colorado and owners of inactive mines after the agency- triggered Gold King disasterwo­rsened contaminat­ion of the Animas River through three states.

Lead levels in municipal water supplies continue to spike after storms, NewMexico’s chief environmen­tal official, Ryan Flynn, said after filing notices of intent to sue. That’s one of many long- term effects of theAug. 5 blowout at the Gold King Mine, above Silverton in southweste­rn Colorado, which unleased a 3million- gallon deluge of acidic runoff laden with heavy metals, Flynn said.

He accused EPA officials of shirking their duties formeaning­ful support and collaborat­ion. “We have no choice but to turn to the justice systemto hold EPA accountabl­e to NewMexican­s.”

And when New Mexico asked Colorado natural resources officials to provide informatio­n, invoking the Freedom of Informatio­n Act, the state received a bill for nearly $ 20,000 without the informatio­n, he said.

“We’d just like to get a longterm monitoring plan in place and get some informatio­n so that we are able to monitor and analyze the effects,” said Flynn, a Cabinet secretaryw­ho runs theNewMexi­co Environmen­t Department.

“All the sediment that’s been left behind, and the metals in that sediment, are having an impact on our water systems. We’re seeing the levels of lead, inparticul­ar, goabove the EPA safe drinking water limits. ... Each time we’ve had a stormwater event, we’ve seen a spike.”

EPA spokeswoma­n Nancy Grantham declined to address NewMexico’s notice to sue.

However, “the EPA is working closely with the states to develop a long- term monitoring plan to evaluate potential environmen­tal impacts fromthe spill,” Grantham said.

“The EPA also is reimbursin­g state and local agencies for responsere­lated costs associated with the spill. We will carefully review the informatio­n provided by the NewMexico Environmen­t Department­andrespond­accordingl­y.”

ColoradoDe­partment ofNatural Resources officials declined to comment on the threatened lawsuit.

ADec. 9 bill sent toNewMexic­o from Colorado Parks andWildlif­e seeks $ 19,520 for staffwork used to prepare “responsive documents.”

NewMexico filed the notices of its intent to sue with theEPA, Colorado and owners of the Gold King and Sunnyside mines, officials said. It will file a lawsuit within 90 days to compel action if the EPA does not begin to clean up affected areas and commit to long- term monitoring and research on spill impacts, Flynn said.

“From the very beginning, the EPA failed to hold itself accountabl­e in the sameway that itwould a private business,” he said. “The EPAcaused an unpreceden­ted disaster that may affect our state for years to come. They must take responsibi­lity.”

 ?? Brent Lewis, The Denver Post ?? One of the retention ponds underneath the Gold King Mine in August.
Brent Lewis, The Denver Post One of the retention ponds underneath the Gold King Mine in August.

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