Court Clears Contractor Weston Solutions of Mine Spill Liability

Abstract

New Mexico and its environment agency filed a lawsuit against the U.S. Environmental Protection Agency and its remedial contractors. But they did not establish that Weston Solutions “possessed, owned, or controlled the water impounded in the Gold King Mine, a judge says. The company also is not responsible for cleanup costs under the federal CERCLA law. The problem began when a tunnel that carried contaminated water from a nearby mine to a treatment plant to remove wastes was plugged. The release occurred in 2009. The company was working at the site in Colorado and Utah. The federal court found that Weston was not the sole decision maker and excavation was the only decision maker.