Navajos sue feds over Gold King Mine spill — The Durango Herald

The orange plume flows through the Animas across the Colorado/New Mexico state line the afternoon of Aug. 7, 2015. (Photo by Melissa May, San Juan Soil and Conservation District)
The orange plume flows through the Animas across the Colorado/New Mexico state line the afternoon of Aug. 7, 2015. (Photo by Melissa May, San Juan Soil and Conservation District)

From the Associated Press (Susan Montoya Bryan) via The Durango Herald:

Leaders of one of the nation’s largest American Indian tribes blasted the U.S. Environmental Protection Agency as their attorneys sued Tuesday, claiming negligence in the cleanup of the Gold King Mine spill that tainted rivers in Colorado, New Mexico and Utah.

Navajo Nation President Russell Begaye stood on the bank of the San Juan River in northwestern New Mexico and explained his people’s link to the water and the economic, cultural and psychological damage inflicted in the wake of the August 2015 spill, which occurred in an inactive mine north of Silverton.

“EPA, we’re holding your feet to the fire,” Begaye said, promising that generations of Navajos are willing to fight. “We will not let you get away with this because you have caused great damage to our people, our river, our lifeblood.”

[…]

The Navajo Nation joins New Mexico in pursuing legal action over the spill. The state of New Mexico sued the EPA and Colorado earlier this year, citing environmental and economic damage.

Tribal officials at the news conference and in the lawsuit pointed to delays and resistance by the EPA, saying the agency has failed to compensate Navajos for their losses or provide any meaningful recovery efforts over the past year.

The EPA has dedicated more than $29 million to respond to the spill and for monitoring, but much of that is going toward stabilization and ongoing drainage at the mine. Reimbursement of state, local and tribal costs is underway, but the tribe has received only a fraction of the nearly $1.6 million doled out to all the parties.

Begaye said Navajo farmers have felt the brunt of the spill. Some crops went unplanted this year and cultural practices such as the gathering of corn pollen were skipped…

He called the actions of the agency, its contractor and the mining companies reckless and reiterated his disappointment that Navajos have yet to receive a phone call or letter of apology from President Barack Obama.

Navajo officials said the government has denied repeated requests for everything from compensation for farmers to resources for long-term monitoring and an on-site laboratory for real-time testing of river water.

“They have not done a thing,” Begaye said during his impassioned address.

While the lawsuit doesn’t include an exact dollar figure for damages the tribe is seeking, Begaye said Navajos are owed “millions” and that the scope of the contamination is still unknown.

A criminal investigation into the spill is being conducted by the EPA’s Office of Inspector General and the U.S. Justice Department, but it’s unclear how long that probe could take.

On April 7,  2016, the Environmental Protection Agency proposed adding the “Bonita Peak Mining District” to the National Priorities List, making it eligible for Superfund. Forty-eight mine portals and tailings piles are “under consideration” to be included. The Gold King Mine will almost certainly be on the final list, as will the nearby American Tunnel. The Mayflower Mill #4 tailings repository, just outside Silverton, is another likely candidate, given that it appears to be leaching large quantities of metals into the Animas River. What Superfund will entail for the area beyond that, and when the actual cleanup will begin, remains unclear. Eric Baker
On April 7, 2016, the Environmental Protection Agency proposed adding the “Bonita Peak Mining District” to the National Priorities List, making it eligible for Superfund. Forty-eight mine portals and tailings piles are “under consideration” to be included. The Gold King Mine will almost certainly be on the final list, as will the nearby American Tunnel. The Mayflower Mill #4 tailings repository, just outside Silverton, is another likely candidate, given that it appears to be leaching large quantities of metals into the Animas River. What Superfund will entail for the area beyond that, and when the actual cleanup will begin, remains unclear.
Eric Baker

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