The Denver Post

The Post editorial: We are glad EPA chief Scott Pruitt has committed to re-reviewing the denied Gold King Mine claims.

- Pablo Martinez Monsivais, AP file

Scott Pruitt, head of the Environmen­tal Protection Agency, is doing the right thing in his efforts to make whole the victims of the Gold King Mine spill that spewed 3 million of gallons of toxic water into the Animas River and downstream to New Mexico.

The EPA notoriousl­y denied around 70 claims that were filed in the aftermath of the spill, amounting to $1.2 billion in damages for things like harm to the tourism industry that relies on the river, farmers who were unable to water their crops, ranchers who had to treat water before giving it to cattle, and countless other impacts.

The government claimed sovereign immunity — the long-held principal that the federal government cannot be sued. It’s an infuriatin­g rule, but one that exists for good reason.

The EPA employees who triggered the Gold King deluge were trying to help. They were working on privately owned property to help clean up historic contaminat­ion from decades of mining operations. Opening up the EPA for lawsuits in such situations sets a dangerous precedent.

But sometimes the government’s negligence is so egregious that hiding behind sovereign immunity — as the EPA did under President Barack Obama — becomes shameful.

Lawmakers in Colorado did the right thing by approving $4.3 million in settlement payments with families who lost loved ones and homes in the Lower North Fork Fire. That fire was started by a government agency controlled burn. There are times when sovereign immunity, or limits on government liability, are unjust and lawmakers are wise to realize that and compensate victims for their losses.

We are glad Pruitt has committed to re-reviewing the claims that were denied under Obama.

It’d be ideal if Pruitt were to get the blessing of Congess for any payments: it would prevent setting a precedent for future liabilitie­s and it would protect the already strained EPA remediatio­n budget from being further depleted.

Because if there’s one thing the Gold King Mine shed a light on, it’s the dangers of letting historic mining operations sit unmonitore­d for decades. There is a slew of tunnels near the Gold King Mine that are filled with toxic water that has for years accumulate­d heavy metals from the Earth — part of what made it such an attractive area for mining in the first place.

Some of the historic operators of the mines above Durango and Silverton did some remediatio­n work before walking away; others did nothing. All efforts so far have proven to be insufficie­nt to protect downstream waters from continued contaminat­ion. It’s the EPA’s jobs to clean up these Suprefund sites when private businesses skirt their responsibi­lities. Following the Gold King Mine release, the area was named the Upper Animas Mining District Superfund site and Pruitt pledged to make cleanup a priority when he visited earlier this month.

We hope Pruitt and President Donald Trump remain committed to the main purposes of the EPA, fully fund the Superfund program, and make good when the EPA screws up efforts to clean up after private industry. The members of The Denver Post’s editorial board are William Dean Singleton, chairman; Mac Tully, CEO and publisher; Chuck Plunkett, editor of the editorial pages; Megan Schrader, editorial writer; and Cohen Peart, opinion editor.

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