I think Governor Martinez of NM is going to sue EPA, I hope the other states will also but it probably depends on politics. Maybe private property owners affected could sue. The EPA wants to spend money, let them spend it on fines. And then send them to jail.
Colorado Gov. John Hickenlooper, himself a former geologist, visited a contaminated stretch of river Tuesday and said he hopes a “silver lining” to the disaster will be a more aggressive state and federal effort to deal with mining’s “legacy of pollution” across the West.