From the Colorado Independent (Katie Redding):
…toxic waterways around the state and country — are at the center of a legislative tug of war. So-called Good Samaritan laws seek to lift liability so clean-up work can begin. Those laws, however, are opposed by environmentalists who argue they might erode the strong federal Clean Water Act. The better approach, they say, is to make mining companies pay to properly clean up the messes they have made and are making by revamping the nation’s 1872 Mining Law, which has let the extraction industry off the hook for more than a century…
Proponents of Udall’s Good Samaritan legislation, however, argue that the legislation is not meant to substitute for the new 1872 Mining Law reform bill introduced in the U.S. Senate by fellow Democrat Jeff Bingaman of New Mexico, a bill that would at last set up severance taxes to pay for cleanups. Good Sam legislation, they argue, is a necessary corollary to Bingaman’s legislation. “You need all the pieces,” said Peter Butler of the Animas River Stakeholders Group. “Even if you did set up a fund with severance taxes, you’ve got to have someone who is going to use that money, and they’re not willing to use it if they’re going to be liable.”[...]
DRMS Abandoned Mine Program Manager Loretta Pineda said fear of legal liability is real and a major stopping point in clean up projects. Pineda said the state is stymied by fear of incurring the Clean Water Act financial burdens that currently faces any third party that would take it upon itself to drain an abandoned mine. “There are several projects we’d like to work on, but we’re unable to do so because of liability,” said Pineda flatly.
In the Animas River Watershed, the Animas River Stakeholders Group has determined that of the 1,500 historic mine sites contributing cadmium, copper, aluminum, manganese, zinc, lead and iron to the watershed, about 34 waste sites contribute roughly 90 percent of the waste-site pollution, and about 33 draining mines contribute 90 percent of the draining-mine pollution. Bill Simon, a member of the group, explained that the group can address the waste sites without incurring liability, because no water is involved. But work on most of the 33 draining mines — apart from 5 addressed by a mining company and several that are on federal land — await some kind of liability waiver, said Simon. Even if the group had funding, neither the Animas River Stakeholders Group nor any other agency is willing to risk being sued for a problem not of their making, according to Simon.