New Mexico issued a formal intent to sue the Environmental Protection Agency over August’s Gold King Mine spill, in which the agency released 3 million gallons of toxic sludge and sullied the waterways of three states including New Mexico.
“From the very beginning, the EPA failed to hold itself accountable in the same way that it would a private business,” said the state’s Environment Department secretary Ryan Flynn on Thursday. The intent to sue was filed with the EPA as part of a formal process alerting the agency of impending legal action.
EPA said in response to the intent to sue that it “is working closely with the states to develop a long-term monitoring plan to evaluate potential environmental impacts from the spill and will be meeting with representatives in early February,” EPA spokeswoman Christie St. Clair said. “EPA is also reimbursing state and local agencies for response-related costs associated with the spill.”
New Mexico is one of at least three states affected by the spill. It is not clear, however, if Colorado, Utah and others will follow behind the Land of Enchantment. The Navajo Nation, which resides within New Mexico’s borders, was one of the first to threaten suing EPA early after the spill occurred. A Navajo representative had not answered a request for comment.
Roger Hudson, spokesman for Colorado’s attorney general office, told the Associated Press Thursday that the office has not read New Mexico’s intent to sue.
Hudson did not say if his state is planning to sue the EPA.
