Colorado Attorney General Cynthia Coffman visited Durango on Wednesday to evaluate the aftermath of the Animas River debacle.
Legal questions linger after the Environmental Protection Agency acknowledged causing an estimated 3 million gallons of mustard-yellow mining wastewater to pour into the Animas. The agency was working with a contractor Aug. 5 on reclamation work for the abandoned Gold King Mine near Silverton when the team accidentally loosened rock material during excavation, allowing the tainted water to make its way into the river and through Durango.
Given the EPA’s error, those affected by the river’s closure are wondering whether lawsuits might be a remedy. But Coffman, a Republican, said she’s not sure whether lawsuits would be worthwhile.
“There are theories of liability that folks have. ... I haven’t sat down and researched all of those with my staff,” Coffman told The Durango Herald on Wednesday morning. “Frankly, to me, it’s too soon to know whether that’s even necessary. I would prefer that we would not have to litigate.”
Coffman said she will seek agreements with the EPA that outline a course of action for people to be compensated both immediately and in the long run. The EPA has established a claims process for those impacted, and so Coffman recommends that people keep all receipts and document the consequences they experience.
She planned to host New Mexico Attorney General Hector Balderas and Utah Attorney General Sean Reyes in Durango during her visit later Wednesday. The group of attorneys general hope to establish a unified course of action moving forward after speaking with officials on the ground.
If Coffman chooses to file a lawsuit against the EPA on behalf of the state, the move could put her office at odds with Gov. John Hickenlooper, a Democrat, who pointed out Tuesday that the EPA is different than a private entity.
“The difference is the EPA is not trying to make a profit,” Hickenlooper said, addressing questions from the public at Rotary Park on Tuesday. “The assumption when there are fines is that a private business has gone above and beyond what the expected regulations are, what the law says, because they wanted to get additional profit. The fine is taking some of those profits away. ... The EPA doesn’t make a profit.”
Coffman, however, said the profit factor doesn’t necessarily influence decisions on taking legal action.
“EPA has taken on a role and a responsibility in our government, and they have duties that are prescribed by law, and they need to be accountable to the people in the same way that a private company is,” Coffman said.
She had hoped to secure a meeting with EPA chief Gina McCarthy on Wednesday, as McCarthy also was in Durango for briefings. But Coffman had not scheduled a meeting as of Wednesday morning.
“I would take my time to ask what the EPA foresees in terms of remediation and costs, and obviously they are the folks who know how to supervise a cleanup, so I think they would be able to tell us what their timeline is and what they expect potential damages to be,” Coffman said.
In the meantime, questions remain about the legal process.
“I don’t know at this point who will sue whom,” Coffman said. “The good and the evil of being a lawyer is that anybody can file suit, and it’s a question of what would actually be successful.”
pmarcus@durangoherald.com