The Supreme Court has asked the Obama administration to weigh in on a spat between states over the August 2015 mine disaster in Colorado caused by the Environmental Protection Agency.
The high court issued the rare request Monday inviting the acting U.S. solicitor general “to file a brief in this case expressing the views of the United States.”
The case involves a legal fight between New Mexico and Colorado over the Gold King Mine spill that sent 3 million gallons of toxic wastewater into the waterways of three states. New Mexico is blaming Colorado’s response to the spill for making things worse for states that were downstream from the toxic yellow plume.
The high court looked at New Mexico v. Colorado, which was filed in June, when it conferenced last week to decide if it would examine the case. Legal battles between states typically go directly to the Supreme Court. It is not certain if the administration’s acting solicitor general would be able to file a response to the lawsuit while President Obama is still in office, meaning the the case would be punted to the Trump administration.
New Mexico also is suing the EPA for damages related to the spill in a separate case.
