View ongoing articles regarding the San Juan River and the Navajo Nation on the Navajo Times website here.
Mar 13, 2018:
http://thehill.com/policy/energy-environment/378097-epa-to-review-all-claims-from-colorado-mine-spill-within-weeks
Aug 9, 2017:
Aug 4, 2017:
EPA Administrator Scott Pruitt visited the site of the Gold King mine spill. Pruitt said he has sent letters to 77 lawsuit claimants asking them to resubmit their claims.
Administrator Pruitt Visits Gold King Mine on Anniversary of Spill | epa.gov
Jan 13, 2017:
Citing "sovereign immunity", the EPA announced it will not pay damage claims totaling $1.2 billion. A total of 73 claims were filed against the EPA for alleged damages to crops that could not be watered, livestock that required clean water, contaminated wells, lost tourism business, lost wages for tourism sector workers, and local government expenses.
EPA cites sovereign immunity, rejects $1.2 billion in Gold King damage claims | The Denver Post
EPA to not pay out Gold King Mine spill claims | Navajo Times
Dec 9, 2016:
The EPA said it will pay $4.5 million to state, local and tribal governments for their emergency response to the Gold King mine spill. The EPA also said it will not pay an additional $20.4 million in other requests for past and future expenses.
EPA rejects $20.4 million in requests for Gold King Mine spill costs | The Denver Post
Aug 16, 2016:
The Navajo Nation filed a lawsuit against the EPA claiming negligence in the cleanup of the Gold King spill.
May 23, 2016:
The state of New Mexico filed a lawsuit against the EPA claiming that New Mexico, Utah, and the Navajo Nation suffered catastrophic damage as a result of the Gold King spill.
In addition, the lawsuit:
- demands more rigorous water-quality monitoring, performed by a third party (not by the EPA)
- puts the root cause and blame for the spill on Kinross Corp. whose previous actions to plug the Sunnyside Mine caused the toxic waste buildup which eventually leaked into nearby mines, including Gold King
- targets Environmental Restoration, the EPA contractor who was working at Gold King and caused the blowout
Source:
Finley, Bruce. (May 23, 2016). "New Mexico sues EPA, Colorado mine owners over Gold King blowout". The Denver Post. Retrieved 2016-08-25.
Apr 19, 2016:
EPA Administrator Gina McCarthy sent a letter to Navajo Nation President Russell Begaye in response to his letter to Gina McCarthy dated March 15, 2016.
In his letter, Begaye notes that seven months after the spill the following things have still not been done:
- compensation for the Navajo Nation and individual Navajo people affected by the spill
- upper Animas Mining District designation as a Superfund site
- a comprehensive plan to ensure no future contamination of Navajo land or waters
- tools to address the harms already caused and to mitigate against future harms
Begaye's letter also lists ten additional "legitimate requests", including:
- resources so the Navajo Nation can perform it's own water, sediment, and soil monitoring, and conduct testing and assessment of farms, crops, and livestock
- dedication of funds for possible future spills affecting the San Juan River
- a formal, public apology from Administrator McCarthy and President Obama to the Navajo Nation
Source:
Begaye, Russell. (March 15, 2016). "Letter to EPA Administrator Gina McCarthy". EPA. Retrieved 2016-06-14.
In her response letter, McCarthy notes the following:
- the EPA proposed to add the Bonita Peak Mining District to the National Priorities List (making the district eligible for Superfund cleanup) on April 7, 2016
- to date, the EPA has invested $22 million in response efforts, including $1.1 million for agricultural water and hay for Navajo communities along the San Juan River
- on March 10, 2016, the EPA provided more than $157,000 in reimbursement to Navajo agencies for their response costs
- the EPA has requested additional information from the Navajo Nation Department of Justice for substantiation of the remaining reimbursement requests to determine their eligibility under the EPA's response authorities and federal-grant principles
- acknowledgement of the importance of providing accurate and timely information about water quality to the Navajo Nation, and a statement of the EPA's commitment to "full transparency" of it's water monitoring data which is routinely posted on the EPA's Gold King website
- allocation of $465,000 to the Navajo Nation to monitor water quality
In addition, a document attached to McCarthy's letter addressed the other concerns in Begaye's letter.
Source:
McCarthy, Gina. (April 19, 2016). "Letter to Navajo Nation President Russell Begaye". EPA. Retrieved 2016-06-14.
Apr 6, 2016:
The Environmental Protection Agency (EPA) proposed to add the Bonita Peak Mining District to the National Priorities List, which would make all 48 mines in the district eligible for Superfund cleanup.
EPA moves ahead at Gold King and 47 other inactive mines | The Denver Post
Feb 29, 2016:
Colorado Governor John Hickenlooper submitted a letter to the U.S. Environmental Protection Agency (EPA) regarding Superfund status for the Gold King mine and the surrounding area.
In the letter entitled "Proposed Listing of the "Bonita Peak Mining District" site on EPA's Superfund National Priorities List" Hickenlooper expresses support for adding not only the Gold King mine, but the entire Bonita Peak Mining District to the EPA's "Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund), National Priorities List (NPL)" which would make the district eligible for assistance and cleanup. The Bonita Peak Mining District comprises 48 mines or mine-related sources (one of which is the Gold King mine) which flow into Cement Creek, Mineral Creek, and the upper Animas River.
Hickenlooper recommends Superfund listing for mine sites around Silverton | The Durango Herald
Superfund cleanup sought for Gold King, other mines | The Denver Post
Nov 12, 2015:
Colorado state officials and the EPA are at odds over what role the state of Colorado played in the Gold King mine spill. The EPA claims that experts at the Division of Reclamation Mining and Safety (DRMS) for the state of Colorado supported the EPA's work at the mine. Last month, the U.S. Department of the Interior concluded that state experts approved EPA efforts to drain the mine.
DRMS officials say that no one from DRMS directed or approved (or disapproved) of any of the EPA's work at the mine.
Colorado, EPA clash over state role in Gold King Mine deluge | The Denver Post
Nov 9, 2015:
The Navajo Nation Department of Agriculture released a preliminary report of damages from the Gold King mine spill which . The report estimates total damages of $672,900 for just the Shiprock and Tsé Daa K'aan chapters (damages for the Upper Fruitland, Nenahnezad, and San Juan chapters are still being assessed).
Tribe releases data on toxic spill damages | Farmington Daily Times
Oct 23, 2015:
The U.S. Department of the Interior, Bureau of Reclamation released a report entitled "Technical Evaluation of the Gold King Mine Incident" which documents the departments' external investigation into the Gold Kind mine spill.
The investigation concluded that the spill could have been prevented if the EPA had drilled into the mine from above to check wastewater levels and pressure prior to starting work on opening the clogged mine portal. The investigation also stated that other man-made changes in the surrounding area primed the mine for a blowout.
In response, the EPA referenced its own internal review which noted the steepness of the terrain above the mine portal, safety concerns, and time and cost concerns.
There are tens of thousands of abandoned mines in Colorado and other Western states, and there are no standards in place when opening abandoned mines.
Source:
Paul, Jesse; Finley, Bruce. (August 26, 2015). "EPA: Waste pressure evidently never checked before Colorado mine spill". The Denver Post. Retrieved 2015-10-22.
Oct 7, 2015:
Navajo Nation President Russell Begaye issued the following statement regarding compensation from the EPA:
I commend Attorney General Ethel Branch and the Navajo Department of Justice for officially requesting that the United States Environmental Protection Agency and the United States Department of Justice assure that all claims, known and unknown, resulting from the Gold King Mine spill are fairly and completely satisfied. We need to verify that our people and their injuries will not go ignored and that the United States Federal Government will act in good faith to address this crisis.
Following the Gold King Mine spill, the U.S. EPA sent staff to the Navajo Nation to encourage our people to sign Standard Form 95 to expedite the settlement of their claims. The forms contained a significant limiting clause that, despite assurances from the U.S. EPA, could limit the ability of those affected by this disaster to be fully compensated. We need greater assurances from the Federal Government that the fine print included in these documents will not cheat our people out of the full financial compensation that they are entitled to.
I am disappointed that our people were urged to blindly sign these forms. The U.S. EPA has demonstrated that it cannot be trusted to serve the best interests of the Navajo Nation, and nobody should put their faith in the embattled agency’s questionable forms and their related claims process without firm assurances from the Federal Government that our people will be fairly and fully compensated.
Additionally, there is a distinction between the Navajo Nation lawsuit against the U.S. EPA and that of personal or class action lawsuits filed by our farmers. While this process is ongoing, the Navajo Nation is working with our Congressional leaders in Washington to establish a source for farmers to be compensated quickly.
The fear expressed by political leaders that farmers will not be quickly compensated is unfounded. Representatives of my administration have, in nationally televised hearings in Washington, urgently expressed the need to compensate our people quickly. We continue to push for this.
Navajo Nation leaders need to be united in our efforts to address this crisis and not create uncertainty just to score political points. I am committed to holding the U.S. EPA accountable for their role in causing this disaster, and I will continue to fight to ensure that our people are fully and fairly compensated.
Source:
Native News online staff. (October 7, 2015). "Navajo Nation President Issues Statement on EPA Compensation for Gold King Mine Spill". Native News Online. Retrieved 2015-10-23.
Aug 31, 2015:
The Navajo Nation has hired law firm Hueston Hennigan LLP to represent them in an expected lawsuit against the EPA.
Navajo Nation preps lawsuit against EPA over mine spill | The Hill
Erin Brockovich takes on EPA | The Hill
Aug 29, 2015:
An EPA update entitled "EPA Update on Gold King Mine Response: San Juan River Data" the EPA said that surface water and sediment samples taken August 24, 2016 on the San Juan River showed that levels of 24 different metals (including arsenic, cadmium, lead, and mercury) had returned to pre-spill levels.
According to a September 25, 2016 article in Aljazeera entitled "New study shows San Juan River still affected by toxic spill", San Juan river samples collected by the non-profit group Water Defense showed that "Metal levels remain elevated in the San Juan's riverbed, compared with baseline [pre-spill] tests, and water in the San Juan was likely contaminated before the Gold King Mine spill".
Aug 26, 2015:
According to an EPA internal review, the water pressure behind the collapsed opening of the Gold King mine was not checked prior to the commencement of work on the mine, partly because of cost and time concerns. The review concluded that the underestimation of the water pressure was the most significant factor in the spill.
EPA Deputy Administrator Stan Meiburg said there were no worst-case scenarios included in the Gold King work plan.
The review also includes recommendations for future mine work, new approaches to mines at risk of blowout, and emergency action plans to deal with unexpected situations.
Source:
Paul, Jesse. (August 26, 2015). "EPA: Waste pressure evidently never checked before Colorado mine spill". The Denver Post. Retrieved 2015-10-23.
Aug 13, 2015:
EPA Administrator Gina McCarthy announced that $500,000 will be available to Navajo Nation farmers along the San Juan River to truck in fresh water for crops and livestock.
EPA brings water; tensions dissipating | Navajo Times
Aug 12, 2015:
EPA Administrator Gina McCarthy appeared in Durango, Colorado and spoke at a 15-minute news conference.
McCarthy said that water quality in the Animas River through La Plata County has "returned to pre-event conditions."
A group of U.S. Senators and House Representatives from Colorado and New Mexico sent a letter to President Barack Obama requesting federal resources and suggesting that the federal government should explore creating a water-treatment plant in the Upper Animas River to remove heavy metals from the watershed at its source.
EPA chief confirms Animas is recovering | The Durango Herald
McCarthy released a statement regarding ongoing field work at mines in the United States:
August 12, 2015: While we continue to investigate the root causes of last week's release of mining waste at the Gold King Mine in Colorado, we are instructing our Regions to immediately cease any field investigation work at mines including tailings facilities, unless there is imminent risk in a specific case. We are in the process of initiating an independent assessment by a sister federal agency or another external entity to examine the factors that led to last week’s incident. Based on the outcome from that assessment, we will determine what actions may be necessary to avoid similar incidents at other sites. While we stand down on existing field investigations and assessments at these mining sites, we also are instructing our Regions to identify existing sites with similarities to the Gold King Mine site and to identify any immediate threats and consider appropriate response actions.
Source:
McCarthy, Gina. (August 12, 2015). "Administrator McCarthy’s Statement About Ongoing Fieldwork at Mines". EPA. Retrieved 2015-08-13.
The San Juan River (of which the Animas is a tributary) flows through the areas of Farmington and Shiprock, New Mexico, and some of the land along the banks of the San Juan in those areas belongs to the Navajo Nation. Navajo Nation President Russell Begaye spoke with Time about the impact of the Gold King Mine spill expressing concerns about the religious, emotional, financial, and overall ecosystem impacts.
Begaye said he plans to sue the EPA.
Navajo Nation Says It Will Sue EPA Over Toxic Spill | Time
Damage to Navajo Nation water goes beyond money | CNN
Aug 10, 2015:
The EPA released updated information on the Gold King Mine incident. Now, the estimated volume of toxic wasterwater release is three million gallons, and the wasterwater continues to discharge at a rate of 500 gallons per minute.
Preliminary testing of the Animas River in the Durango area showed peak arsenic levels at 300 times normal, and peak lead levels at 3,500 times normal (although those peak levels have dropped significantly since the initial orange toxic plume moved through the area).
Yesterday, the city of Durango, Colorado, La Plata County, Colorado, and the Navajo Nation Commission on Emergency Management declared a state of emergency in response to the spill.
Source:
Garrison, Steve; Kellogg, Joshua. (August 10, 2015). "EPA: Pollution from mine spill much worse than feared". USA Today (The Daily Times, Farmington, New Mexico). Retrieved 2015-08-10.
Aug 7, 2015:
On Wednesday, August 5, 2015, the U.S. Environmental Protection Agency (EPA) accidentally caused a release of one million gallons of orange-colored wastewater from the Gold King Mine north of Silverton, Colorado (Silverton is about 50 miles north of Durango) into Cement Creek, which flows into the Animas River.
According to the EPA the wastewater contains lead, arsenic, cadmium, aluminum, and other heavy metals.
The Animas River flows into the San Juan River, which flows into the Colorado River.
Animas River fouled by 1 million gallons of contaminated mine water | The Denver Post
Monitor the progress of this incident on the EPA website here.
View ongoing press releases and updates on this incident on the EPA website here.
More:
Having lived in Silverton 2 years I know and have explored this mine and surrounding areas extensively. This is a fragile and spectacular remote alpine region above 10,000 feet at the source of many streams leading, eventually, to the Colorado River. The GK Mine is probably one of hundreds in the San Juans and Colorado Rockies. Many date back 150 years; most were played out by the 1950s-60s. The EPA came into existence in the early 70s and got a mandate and funding to begin remediation and mine cleanup. The original minors/owners/claim stake holders are mostly long gone. Therefore EPA and other entities are the cleanup agents, on the taxpayer dime. The extremely toxic contaminants and very destructive mining practices of the day ( i.e. "just dump it as the lands and resources are limitless" ) has left us with a time bomb and many Superfund sites. Much of this aforementioned toxicity is "stored", "sealed", "secured" onsite due to the staggering expense and logistics of removal and full site cleanup. I have no doubt we will see more of these toxic mishaps as resolution efforts continue.