The Denver Post

EPA says court should dismiss repayment suit

- By The Associated Press

ALBUQUERQU­E» The U.S. Environmen­tal Protection Agency wants a federal court to toss a lawsuit filed by Utah, New Mexico and the Navajo Nation seeking the repayment of cleanup costs for a mine spill in Colorado that polluted rivers in three states.

The EPA said in a motion filed Wednesday that the court doesn’t need to intervene because crews are already working on the cleanup of water contaminat­ed with heavy metals that was accidental­ly released from an EPA-monitored mine.

“Granting any relief in New Mexico, within the Navajo Nation, or in Utah would conflict and interfere with EPA’s exclusive jurisdicti­on over its on-going response action activities and cleanup remedies,” the federal government said in court documents filed in U.S. District Court in Albuquerqu­e.

Utah is seeking $1.9 billion in damages from the EPA. The Navajo Nation filed a claim for $162 million and the state of New Mexico is seeking $130 million.

The 2015 Gold King accident in southern Colorado occurred at an inactive mine where polluted water had been accumulati­ng for years before an agency crew accidental­ly released it during cleanup work.

The spill sent a yelloworan­ge plume of toxic heavy metals into rivers in Colorado, New Mexico, Utah and on American Indian lands.

The EPA had no rules for working around old mines when agency workers triggered the spill, government investigat­ors said in 2017.

New Mexico Attorney General Hector Balderas showed no signs of giving up on the lawsuit after the EPA’s motion.

“We look forward to continuing our efforts to protect our water, environmen­t and unique culture as we prepare our responses to these claims,” Balderas’ spokesman, David Carl, said in a news release.

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