Energy policy — nuclear: Judge Roger Hyatt denies CDPHE and Cotter, Corp’s motion to dismiss lawsuit over Lincoln Park/Cotter Mill superfund site cleanup

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From the Colorado Independent (David O. Williams):

Colorado Citizens Against ToxicWaste (CCAT) filed a lawsuit last year trying to get the state to compel Cotter Corp. to establish an aggressive cleanup plan at the EPA Superfund site and provide twice as much in financial assurance to back the project.

The Colorado Department of Public Health and Environment (CDPHE) and Cotter both asked the court to dismiss the case, questioning CCAT’s legal standing. On Friday, District Court Judge Robert Hyatt rejected that motion.

“After considering all of Plaintiffs allegations in the complaint to be true this Court finds a sufficient showing that the Plaintiff is entitled to relief and the Motion to Dismiss under Rule 12(b)(5) is DENIED,” District Court Judge Robert Hyatt wrote.

“Instead of telling us that we don’t have an interest in the radioactive contamination of our water and air, the department ought to be working with the public to protect our environment and health. It is regrettable that CDPHE has taken Cotter’s side to keep Colorado citizens out of the decision process,” said Sharyn Cunningham, a CCAT co-chair whose own well water was contaminated by the Cotter Mill.

More coverage from Tracy Harmon writing for The Pueblo Chieftain. From the article:

Cotter Corp. has agreed to increase the cleanup bond to $20.8 million from $14.7 million this month to cover the cost of decommissioning the entire mill when it closes. The state estimates the cleanup will cost about $43.7 million, while Cotter estimates it would be $23.2 million.

More nuclear coverage here and here.

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