FOR IMMEDIATE RELEASE
March 21, 2019
Lawsuit Against EPA Contractors Responsible for Gold King Spill to Proceed
Federal judge rebuffs effort by EPA’s contractors to escape liability
SALT LAKE CITY – A federal judge rejected efforts by EPA’s contractors to avoid responsibility for their role in causing the Gold King Mine Blowout, a massive spill of three-million gallons of toxic mining waste in August 2015 that contaminated rivers in Colorado, New Mexico and Utah. The companies—Environmental Restoration LLC and Weston Solutions—were EPA’s contractors at the Gold King Mine, who participated in planning and performing the work that triggered the Blowout. Chief Judge William P. Johnson of the U.S. District Court for New Mexico denied the companies’ motions to dismiss lawsuits filed by the states and private parties, rejecting the companies’ arguments that they should not have to pay for the cleanup and environmental damages. The Court granted an uncontested portion of the motion related to claims by New Mexico and Navajo Nation for joint and several liability.
The lawsuits allege that EPA and its contractors caused the Blowout and its release of hazardous waste into the Animas and San Juan Rivers and in Lake Powell, resulting in one of the largest inland pollution events in the nation’s history. The Court rejected the contractor’s arguments to evade responsibility, followed its similar decision on February 29 to deny the EPA’s motion to dismiss.
“The Court’s decision is an important step towards restoring our environment and protecting the communities impacted by the Gold King Mine disaster,” said Utah Governor Gary Herbert. “It’s time for the EPA and its contractors to accept responsibility and do what is right. Instead of wasting time and money on litigation, let’s turn attention and resources to cleaning up the contamination from the blowout.”
“EPA and its contractors must obey the rule of law that the ‘polluter pays’. This lawsuit is about holding them accountable,” said Utah Attorney General Sean D. Reyes. “The impact of their hazardous release may last for generations and cannot simply be abandoned in Utah. If they want to resolve this, they should immediately begin environmental remediation, instead of arguing in court to escape their responsibilities.”
1. Chief Judge William P. Johnson of the U.S. District Court for New Mexico Memorandum Opinion and Order: https://attorneygeneral.utah.gov/wp-content/uploads/2019/03/Gold-King-Mine-Contractors-Order-Opinion.pdf
2. Two weeks ago, the Court made a similar ruling when Chief Judge William P. Johnson denied EPA’s request to escape liability for the Gold King Mine Blowout. Read the press release here: https://attorneygeneral.utah.gov/gold-king-lawsuit-to-compel-epa-cleanup-will-proceed/
Read the media coverage below:
Law 360: EPA Contractors Can’t Dodge Suit Over Gold King Mine Spill
Bloomberg News: EPA Contractors Face Cleanup Claims Over Gold King Mine Spill
Navajo Times: EPA’s motion to dismiss Gold King lawsuit denied