Judge Refuses To Let Feds Off Hook For Colorado Environmental Disaster

A federal judge has refused to let the Environmental Protection Agency off the hook for an environmental disaster it created in Colorado when it breached an old mine, unleashing millions of gallons of contaminated water into a pristine river drainage.

"The Environmental Protection Agency caused an environmental catastrophe that preceded and culminated in the invasion, occupation, taking, and confiscation of Mr. Hennis's downstream property, an action for which he has been seeking redress ever since. This ruling means the U.S. Court of Federal Claims is allowing Mr. Hennis's lawsuit to go forward to discovery, and ultimately to trial."

The agency released a toxic sludge of over 3,000,000 gallons of acid mine drainage and 880,000 pounds of heavy metals into the Animas River watershed. EPA was entirely unprepared to prevent or control the contaminated flows that gushed out once it breached the Gold King Mine portal. EPA eventually mobilized supplies and equipment onto Mr. Hennis's downstream property to address the immediate after-effects of its actions," the NCLA said.

"Ignoring Mr. Hennis's explicit instructions and the scope of the access that was granted, EPA constructed a multimillion-dollar water treatment facility on his land. The U.S. government has never paid Mr. Hennis any compensation for either flooding or appropriating his property for public use. It has instead squatted on his lands for seven years and counting."

Should the feds be let off the hook for the Colorado environmental disaster?

The organization's litigation counsel, Kara Rollins, said in a statement, "Today, the Court of Federal Claims recognized what we have long known. EPA must answer for the bad decisions it has made and the unlawful actions it has taken since 2015. We are pleased that Mr. Hennis's case is moving ahead, and we look forward to presenting the facts about what the EPA did to him - and took from him."

The EPA then built its water treatment facility, ordered him to sign a consent agreement, which he refused, and followed up with threats of penalties of up to $59,017 per day for any period the EPA would claim he's not complying with its demands.

https://www.wnd.com/2022/09/judge-refuses-let-feds-off-hook-colorado-environmental-disaster/