Lincoln Park/Cotter Mill: Judge Robert Hyatt rules against Colorado Citizens Against Toxic Waste


From The Pueblo Chieftain (Tracy Harmon):

A Denver District Court judge ruled Tuesday that the state health department did not abuse its discretion when setting a financial security for the clean up of the Cotter Corp. uranium mill here.

The suit, filed in 2010 on behalf of the Colorado Citizens Against Toxic Waste, disputed the amount of the total financial security set by state health officials alleging that it was set at $20.2 million when estimated costs for cleanup and decommissioning exceed $43.7 million.

The suit was seeking an order to require Cotter to post $54.3 million in financial warranty costs for the entire facility and direct the state health department to recalculate estimates of the total costs.

However, Judge Robert Hyatt ruled that he is, “Convinced that state health officials and Cotter engaged in a thorough analysis of the financial requirements for decommissioning of the mill and the decision to approve the final numbers was not arbitrary or capricious, an abuse of the agency’s discretion, unsupported by the evidence, or contrary to the law.” He entered a judgment in favor of Steve Tarlton and his employers.

Hyatt wrote in his 27page ruling that the “exhaustive process” led to his review of more than 3,000 pages of documents.

“We’re pleased the judge reached the conclusion that the department acted entirely properly,” said John Hamrick, Cotter Mill manager.

“It appears the judge has accepted the health department’s representation the state will work to fix all the problems we’ve identified,” said Sharyn Cunningham, co-chair of the citizen group. “He’s gonna let the process move forward and not going to interfere.”

Cunningham said some good things have come from the suit.

“The EPA is taking a more serious role, we have a new community advisory group, there have been health department personnel changes and the Governor’s office has pledged to maintain oversight on how the cleanup progresses. We are going to watch to make sure we see the plans brought to the community for input,” Cunningham said.

More Lincoln Park/Cotter Mill superfund site coverage here and here.

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