From the Associated Press (Susan Montoya Bryan) via The Durango Herald:
The Justice Department filed its motion Monday, following up on arguments first made by the Obama administration that the U.S. Environmental Protection Agency is protected by sovereign immunity.
The federal government contends the agency doesn’t fit the definition of a liable party.
New Mexico was first to sue over the mine spill, alleging that the agency had not taken full responsibility for triggering the spill of 3 million gallons of toxic wastewater from the mine near Silverton. The plume coursed through the Animas and San Juan rivers in Colorado, New Mexico and Utah.
New Mexico officials say the government’s motion was expected.