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