NM sues EPA for $136 million over mine spill

The Albuquerque Journal | May 23, 2016 | OLLIE REED JR.

[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.

[CedarDave]

Long term ramifications remain to be determined, but the heavy metals released are trapped in the sediment and over time will be dispersed or buried. The natural alkalinity of the river environment has already neutralized the acid released. There should be very little effect on groundwater wells located away from immediate area of the river. Man caused this, nature will repair it.

[CedarDave]

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[WENDLE]

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!!

[Tilted Irish Kilt]

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 !

[NorthMountain]

The EPA already has 6.1 Billion in their war chest which hasn't been used yet. They can afford to pay !

"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.

[henkster]

EPA will claim sovereign immunity and the loss will be pinned on the mine owners who did nothing wrong.

[Secret Agent Man]

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.

[drypowder]

The NM AG should have issued arrest warrants for those Federal EPA employees who were responsible for the spill.

[WENDLE]

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.

[WENDLE]

Opps, excuse me wrong thread/

[Popman]

-—EPA will claim sovereign immunity-—

Yup...it will be decades before NM see a single penny...

After going though multiple courts
..

[rktman]

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.

[ProtectOurFreedom]

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.

[polymuser]

Seems they would have the money...

http://www.freerepublic.com/focus/f-news/3433105/posts

[Amendment10]

Thank you for referencing that article CedarDave. Please bear in mind that the following critique is directed at the article and not at you.

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 Trump’s 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.

[vette6387]

“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!”

[vette6387]

“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.”

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.

[G Larry]

It is Critical that these fines be paid by EPA BUDGET CUTS, INCLUDING STAFFING!!!

[AlmaKing]

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.

[dontBSme]

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.