Skip to comments.EPA creates illegal Superfund site to hide liability in Gold King Mine spill
Posted on 05/08/2017 6:22:54 PM PDT by george76
Shortly after the EPA triggered the release, to obscure and limit its own liability, the EPA created the Bonita Peak Mining Districtaround the Gold King Mineand made the Superfund designation. Past EPA studies found the area did not merit inclusion on the National Priorities List.
EPAs Attempt to Bury its Colorado Gold Mine Disaster is Illegal.
Mountain States Legal Foundation for its clients ... advised the three-judge panel that the Obama administrations Environmental Protection Agency (EPA), pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund statute), designated what it erroneously called the Bonita Peak Mining District (BPMD) and 46 specific mine sites and two study areas as a vast Superfund site in violation of federal law, its own regulations, and a ruling by the Supreme Court of the United States. Thus, the designation must be stricken.
In an Orwellian twist, the EPA coined a new term, commingled release, to justify its listing of sites that fail to meet the requirements of federal law and its own regulations and to circumvent the ruling of the Supreme Court of the United States that barred the EPA from using an aggregation policy, said William Perry Pendley of MSLF.
On August 5, 2015, the EPA triggered a massive release at the Gold King Mine in San Juan County, Colorado that caused three million gallons of heavily mineralized water to be discharged into Cement Creek, which enters the Animas River near the Town of Silverton, Colorado.
Shortly after the EPA triggered the release, to obscure and limit its own liability, the EPA created the BPMDaround the Gold King Mineand made the Superfund designation. Past EPA studies found the area did not merit inclusion on the National Priorities List (NPL).
(Excerpt) Read more at freerangereport.com ...
Colorado Ping ( Let me know if you wish to be added or removed from the list.)
Try, convict, sentence, and imprison the relevant EPA officials.
every epa persoknmthat was prt of this should be in jail a very long time. the actual disaster and those in the coverup.
Ok. This is a “watershed” moment for Trump. Either the sons-o-bitches at the EPA who are responsible for this go to prison, or we have confirmation that Trump (and Sessions) are just as crooked as everyone else.
I am getting so sick of all these criminals getting away with everything.
The feds have no constitutional right or authority to meddle in or interfere with the environment or environmental issues. Those issues legally belong to the states.
Send them all to Prison. for a long stay in Prison.
Much of the EPA and many of its employees & contractors are part of an ONGOING CRIMINAL ENTERPRISE.
This account is difficult to make out.
One would think if a Superfund-like effort is needed to fix a spill anywhere, it would be this one. Now since it was the EPA’s fault, I guess it can go ding itself for the cost once it’s done. But I’m just seeing people complain around the edges without any description of what the middle is all about.
“Ok. This is a watershed moment for Trump. Either the sons-o-bitches at the EPA who are responsible for this go to prison, or we have confirmation that Trump (and Sessions) are just as crooked as everyone else.
I am getting so sick of all these criminals getting away with everything”.
Right on!!!!! It’s so damned disgusting and if they get away with this, it’s criminal. No pun intended.
There is absolutely no excuse for this to go unpunished.
The EPA caused this spill . Intentionally. For money.
The mine was stable until the EPA fooled around with it.
No one was fired.
The Navajo Indians in New Mexico are also suing the EPA.
As of 1991, all mining ceased on Sunnysides properties and Sunnyside immediately began reclaiming its sites, working with the Colorado Water Quality Control Division. In 1996, Sunnyside entered into a consent decree, reviewed by the EPA and approved by a Colorado district court, requiring Sunnyside to complete specific remediation actions on its sites. In 2003, Sunnyside fulfilled its reclamation duties and the consent decree was terminated.
Colorado and local governments opposed efforts by the EPA to add ( new , more ) sites in the Animas River Valley to the NPL.
Where is this money supposed to be coming from? How was it planned?
It’s the vagueness of the allegations that make them implausible to date. A bungle of nannies is a credible explanation. This isn’t.
Where is this money supposed to be coming from?
EPAs epic Gold King mine blunder on video, complete with a WTF moment.
How was it planned?
The EPA has a record of releasing toxic runoff from mines in two tiny Colorado towns that dates to 2005.
the EPA escaped public wrath in 2005 when it secretly dumped up to 15,000 tons of poisonous waste into another mine 124 miles away.
A retired Geologist predicted the EPA Spill, says It was Intentional for money... A “superfund blitzkrieg”.
In a July 30 letter to the editor of the Silverton Standard, retired Geologist Dave Taylor predicted that the EPA project on the mines would fail within 7 to 120 days,
Then, Six days later, on August 5, the EPA project caused 3 million gallons of orange, toxic waste to blowout.
Based on my 47 years of experience as a professional geologist, it appears to me that the EPA is setting your town and the area up for a Superfund blitzkrieg. - A retired Geologist, Dave Taylor predicted .
We should all be used to it by now. It will go on. Too many crooks embedded in the system at every level from feral to local.
Show me one state that does not have a big share of corruption. The candy store has too much to offer politicians. They all have a price and it often isn’t hard to meet. Little minds, little pocket books and little prices but they get bigger. If they get too greedy they get axed.
Going back to its origins, Superfund was a nasty scheme to impose retroactive joint and several liability in order to empower EPA to go after the deepest pocket on the horizon, regardless of its proportional share of responsibility for the contamination of any given site. This led to quite bizarre theories of liability and to enforcement actions that any honest observer would regard as patently unfair. In this instance, I assume EPA is going after "commingled releases" in order to shift the financial liability from itself to various private parties whose own contribution to the mess is dramatically smaller than EPA's.
OP says that like it wasn’t the EPA plan all along.
co mingled....... always trouble
lawyerly code for something really bad happened
Trumps EPA chief needs to get ahead of this criminal enterprise.
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