Skip to comments.NM sues EPA for $136 million over mine spill
Posted on 05/23/2016 11:51:21 AM PDT by CedarDave
New Mexico today sued the Environmental Protection Agency and the owners of the Gold King Mine for more than $136 million over economic setbacks and environmental damages suffered by the state due to the Aug. 5 dumping of more than 3 million gallons of toxic waste into the Animas River.
The suit was filed on behalf of the state by Attorney General Hector Balderas and the New Mexico Environment Department.
It demands reimbursement of $889,327 for short-term emergency-response costs paid by the state, more than $6 million to pay for long-term monitoring of the Animas and $130 million for lost income, taxes, fees and revenues suffered by the state because of the spill.
NM list PING!
I may not PING for all New Mexico articles. To see New Mexico articles by topic click here: New Mexico Topics
To see NM articles by keyword, click here: New Mexico Keywords
To see the NM Message Page, click here: New Mexico Messages
(The NM list is available on my FR homepage for anyone to use. Let me know if you wish to be added or removed from the list.)
(For ABQ Journal articles requiring a subscription, scroll down to the bottom of the page to view the article for free after answering a question or watching a short video commercial.)
The EPA is in big trouble with Trump. He will set aside huge numbers of regulations . He will do immediately. All this EPA crap has ruined jobs!!
"They" is us. The EPA hasn't a single red cent that isn't tax money extorted from We, the People in violation of the Constitution.
EPA will claim sovereign immunity and the loss will be pinned on the mine owners who did nothing wrong.
That is good but it has nothing to do with the lawsuit.
That explanation would not save anyone else from being sued by epa/fedgov if they did it.
Accountability and damages for gross negligence.
The NM AG should have issued arrest warrants for those Federal EPA employees who were responsible for the spill.
It is my opinion that I don’t see the gun violation? Do you have to register your guns in Nevada? Where is the rule requiring gun registration? I guess he has pot. Meth is bad but what was the gun violation? He worked at a pawn shop for Gosh sakes. You think people don’t pawn guns that have been sold 12 times? Yikes. Something wrong here . Is this article actually implying that we have to register our guns? That is a lie.
Opps, excuse me wrong thread/
-—EPA will claim sovereign immunity-—
Yup...it will be decades before NM see a single penny...
After going though multiple courts
I certainly hope they are victorious in their suit. Some of that area is absolutely gorgeous. Well, it used to be. Thanks for the update CedarDave.
Where is the $10 billion in punitive damages? Why aren’t those despicable skunks in the slammer for decades like any corporate CEO? Zero accountability, perfect immunity.
Seems they would have the money...
NM is suing the wrong people imo. Since the Founding States gave the power of the purse (1.7.1) uniquely to the House of Representatives, NM should be suing the post-17th Amendment ratification Congress imo.
In fact, note that the states have never delegated to the feds, expressly via the Constitution, the specific power to regulate environmental issues. So corrupt Congress not only stole 10th Amendment-protected state powers and associated state revenues to address environmental issues, but then unconstitutional gave these stolen items to the EPA, the EPA having no constitutional authority to exist imo.
Congress is not empowered to tax for those purposes which are within the exclusive province of the States. Justice John Marshall, Gibbons v. Ogden, 1824.
"From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added]. ... United States v. Butler, 1936.
What a mess! :P
When patriots elect Trump, they also need to elect a new, state sovereignty-respecting Congress that will not only work within its constitutional Article I, Section 8-limited powers to support Trumps vision for America, but will also put a stop to unconstitutional federal taxes and federal interference in state affairs.
The states will then have more revenue to address environmental concerns without unconstitutional federal interference.
Such a Congress will also probably be willing to fire state sovereignty-ignoring activist justices.
“Good for New Mexico
The EPA already has 6.1 Billion in their war chest
which hasn’t been used yet.
They can afford to pay ! “
Hey Clyde, that’s our money! It didn’t fall of of some Demorat’s “tree!”
“Where is the $10 billion in punitive damages? Why arent those despicable skunks in the slammer for decades like any corporate CEO? Zero accountability, perfect immunity.”
I love you folks who think that somehow “the punative damages” are not paid with taxpayer money! As for your idea of a slot in the slammer for decades, now you’re talking my language.
It is Critical that these fines be paid by EPA BUDGET CUTS, INCLUDING STAFFING!!!
Why sue the owners? Did the current owners cause the spill? Did the current owners actually do any mining to extract metals?
The answers are money/no/no.
Wrong. The federal Clean Water Act has an absolute waiver of sovereign immunity - Section 311 if I remember correctly. That is the reason that DOE and others have been successfully sued by a variety of states.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.