Click the link to read the article on the Ark Valley Voice website (Jan Wondra). Here’s an excerpt:
On Tuesday, August 30, Judge Armando Bonilla of the U.S. Court of Federal Claims issued a decision from the bench in favor of New Civil Liberties Alliance’s (NCLA) client and denying a motion to dismiss in Todd Hennis v. The United States of America.
“Today, the Court of Federal Claims recognized what we have long known. EPA must answer for the bad decisions it has made and the unlawful actions it has taken since 2015, said New Civil Liberties Alliance (NCLA) Litigation Counsel Kara Rollins. “We are pleased that Mr. Hennis’s case is moving ahead, and we look forward to presenting the facts about what the EPA did to him—and took from him.”
Hennis filed a lawsuit against the United States for the physical taking of his property without just compensation in violation of the Fifth Amendment to the United States Constitution. He took this step after years of waiting for action. On August 5, 2015, EPA destroyed the portal to the Gold King Mine, located in Silverton, Colorado. Upon doing so, the agency released a toxic sludge of over 3,000,000 gallons of acid mine drainage and 880,000 pounds of heavy metals into the Animas River watershed. According to Hennis, the Environmental Protection Agency (EPA) caused an environmental catastrophe that preceded and culminated in the invasion, occupation, taking, and confiscation of Hennis’s downstream property. Ever since, he has been trying to recover damages. This ruling means the U.S. Court of Federal Claims is allowing Mr. Hennis’s lawsuit to go forward to discovery, and ultimately to trial…
[The EPA] eventually mobilized supplies and equipment onto Hennis’s downstream property to address the immediate after-effects of its actions, but it apparently ignored Hennis’s explicit instructions on how to protect the land and the scope of the access that he granted. Instead, the EPA constructed a multimillion-dollar water treatment facility on his land, without permission, compensation, or even following a procedure to appropriate his property for public use. After seven years, Hennis says the U.S. Government has been “squatted on his lands”, and he wants financial compensation. Hennis says he didn’t voluntarily give EPA permission to construct and operate a water treatment facility on his property. It was built without his knowledge or consent, and it later coerced him into allowing access to his lands by threatening him with exorbitant fines (over $59,000 per day) should he exercise his property rights. When Hennis refused to sign an access document, the EPA preceded to occupy his property by operation of the agency’s own administrative order—and threatening him with fines if he challenges it.