UPDATE 1-New Mexico sues EPA, mine owners over massive gold mine waste spill

(Adds EPA comment)
By Dan Whitcomb
May 23 (Reuters) - New Mexico sued the U.S. Environmental
Protection Agency, an agency contractor and two mining companies
on Monday over the 2015 breach of an abandoned Colorado gold
mine that spilled some 3 million gallons of toxic wastewater
into three states.
The Gold King Mine rupture, which was accidentally triggered
by an EPA inspection team called there to inspect seepage,
unleashed a torrent of yellow sludge that contained high
concentrations of heavy metals such as arsenic, mercury and
lead. New Mexico, Colorado and Utah were affected.
New Mexico Attorney General Hector Balderas said in a
statement issued with the 51-page lawsuit filed in U.S. District
Court that the discharge caused widespread environmental damage
and substantial economic harm to residents, farmers and local
businesses for which the state has not been compensated.
"The release of hazardous substances into waters that are
the lifeblood of our economy and culture in New Mexico has had a
devastating impact on our historical rural, agricultural and
tribal communities," Balderas said.
The lawsuit, which names the EPA, its contractor
Environmental Restoration, the Kinross Gold Corp K.TO and
Sunnyside Gold Corp, seeks reimbursement for cleanup costs as
well as damages and a court order requiring that the defendants
take steps to prevent future such spills.
A spokesman for the EPA said he could not comment on pending
litigation but that the agency had taken responsibility for the
Aug. 5, 2015 spill and had already paid $1.3 million to
reimburse New Mexico, along with other funds that had been
allocated for cleanup and monitoring
Representatives for Missouri-based Environmental Restoration
and the two mining companies, could not be reached for comment
on Monday.
Colorado and New Mexico both declared state of emergencies
over the spill from the century-old Gold King Mine near the town
of Silverton, which fouled the San Juan River and its northern
tributary, the Animas River.
Residents living downstream from the mine were advised to
avoid drinking or bathing in water drawn from wells in the
vicinity. Two Colorado municipalities, including the city of
Durango, and the New Mexico towns of Aztec and Farmington
temporarily shut off their river intakes.
Colorado has more than 4,000 abandoned mines, about 1,100 of
them around Silverton, according to American Rivers, which calls
those sites "ticking time bombs."
Colorado and Utah have also said they were considering
lawsuits.