![This image was taken during the peak outflow from the Gold King Mine spill at 10:57 a.m. Aug. 5. The waste-rock dump can be seen eroding on the right. Federal investigators placed blame for the blowout squarely on engineering errors made by the Environmental Protection Agency’s-contracted company in a 132-page report released Thursday [October 22, 2015]](https://coyotegulch.blog/wp-content/uploads/2015/10/goldkingminespill1057am08052015viaepa.png)
From the Associated Press (Dan Boyd) via The Albuquerque Journal:
New Mexico’s lawsuit against neighboring Colorado over the fallout of a massive mine spill could be affected by the pending presidential transition, after the U.S. Supreme Court on Monday asked the federal Department of Justice to weigh in on the case…
Top-ranking state officials indicated Monday that they are taking a wait-and-see approach to the request for the federal government’s legal opinion – even if that means a drawn-out court saga.
“We will be interested to read the U.S. Office of the Solicitor General’s opinion of our lawsuit filed in the U.S. Supreme Court against the state of Colorado,” state Environment Secretary-designate Butch Tongate said in a statement.
New Mexico’s lawsuit, filed in June, contends Colorado was too lax in its oversight of water contaminated by decades of mining and should be held responsible for the fallout of the 2015 Gold King mine spill. It was filed by Attorney General Hector Balderas’ office and outside attorneys hired by the Environment Department…
In addition to the lawsuit against Colorado, New Mexico has also filed a lawsuit in federal court against the EPA and the owners of a mine adjacent to the Gold King Mine. That lawsuit seeks more than $136 million in damages, which would be used to pay for economic losses the state attributes to the mine spill, specifically in the tourism, recreation and agriculture sectors.
The U.S. Supreme Court…handles cases that involve one state suing another. And it’s common for the nation’s highest court to ask the solicitor general, a top attorney within the Justice Department, to weigh in on such cases by filing official court briefs. The briefs lay out the federal government’s views on the case, including its merits.