While the EPA initially encouraged people and businesses to file claims for financial losses, the agency backtracked in January 2017, saying it was legally protected from any damages associated from the spill.
The states of New Mexico and Utah, as well as the Navajo Nation, filed lawsuits seeking compensation. New Mexico is seeking $130 million, Utah is seeking $1.9 billion, and the Navajo Nation is seeking $130 million.
Over the summer, the EPA, through the Department of Justice, filed similar requests to dismiss the claims, arguing the agency is protected from litigation under federal law.
The motion filed Thursday argues the same point in seeking to dismiss a lawsuit that represents about 300 individual members of the Navajo Nation who claim a cumulative of $75 million in damages…
The Department of Justice’s motion argues the EPA is protected under the Federal Tort Claims Act, which gives federal agencies a “discretionary function exemption.”
The EPA was acting according to the Comprehensive Environmental Response Compensation and Liability Act by evaluating the mine for remediation and preventing environmental pollution of the Animas River watershed when the inadvertent release occurred, the motion states.
The motion states that so far, the EPA has spent $29 million on past and continuing efforts to address mine pollution in the Animas River watershed, including building a temporary water treatment plant and designating the area as a Superfund site.
The stage was set for a blowout at the Gold King Mine years before the EPA became involved in the situation.
With the plugging of the American Tunnel, many researchers and experts of the mine district around Silverton believe the waters of the Sunnyside Mine pool backed up, causing the Gold King Mine to discharge mine wastewater…
The lawsuit on behalf of Navajo members says the spill, which carried arsenic and lead, prevented them from using water for their crops and care for their animals, as well as personal use…
Ferlic said a hearing Monday will brings together her clients, the states of Utah and New Mexico, as well as the Navajo Nation, to set a date to discuss the motions to dismiss.
Study compared metal loading in both events; results surprised researchers
A new report shows that runoff from the 416 Fire burn scar this summer dumped higher concentrations of potentially toxic metals into the Animas River than the Gold King Mine spill three years ago…
It has been a rough couple of years for the Animas River.
In August 2015, the Environmental Protection Agency accidentally caused the Gold King Mine, near Silverton, to blow out, sending 3 million gallons of toxic waste down the Animas River, turning it orange.
Then, this July, heavy rain fell over the 416 Fire burn scar in the Hermosa Creek drainage, just north of Durango, and sent a torrent of black mud, rocks and other debris down the Animas River.
After both events, Mountain Studies Institute, an environmental research and education nonprofit, extensively monitored and researched the impacts on aquatic life and water quality in the Animas River.
Though only a few months removed from the July floods, the preliminary data show the impacts of the Gold King Mine spill pale in comparison to the mudslides and debris flows from the 416 Fire burn scar.
Peter Butler with the Animas River Stakeholders Group said that point was made clear when the 416 Fire runoff caused nearly all the fish in the Animas River to die.
By comparison, there has never been any evidence that the tainted Gold King Mine water caused any die-off of aquatic life.
Roberts’ study backs this with data.
The study took samples at the height of the 416 Fire debris flows on July 17 and July 24 on the Animas River, near Rotary Park, and compared it to samples taken during the mine spill as it passed through the same spot Aug. 6 to Aug. 9, 2015.
Debris flow from 416 Fire. Photo credit: Twitter #416Fire hash tag
Screen shot of Animas River debris flow July 2018 aftermath of 416 Fire (CBS Denver).
416 Fire July 2, 2018. Graphic credit Incweb
The 416 Fire near Durango, Colorado, ignited on June 1, 2018. By June 21, the wildfire covered more than 34,000 acres and was 37 percent contained. Photo credit USFS via The High Country News
Gold King Mine Entrance after blow out on August 5, 2015. Photo via EPA.
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]
Cement Creek remains lined with orange sediment after the Gold King Mine spill. The Environmental Protection Agency accidentally triggered the release of orange wastewater laced with heavy metals into Cement Creek on Aug. 5. The creek flows into the Animas River at Silverton, and eventually crosses into New Mexico and Utah
Gold King mine treatment pond via Eric Vance/EPA and the Colorado Independent
Acid mind drainage Cement Creek watershed
Cement Creek aerial photo — Jonathan Thompson via Twitter
Here’s the release from the Bureau of Reclamation (Marc Miller, Justyn Liff):
The Bureau of Reclamation is initiating negotiations on an amended repayment contract with the Mancos Water Conservancy District for the rehabilitation of the Jackson Gulch Canal System and other infrastructure. The first negotiation meeting is scheduled for Monday, November 5, 2018, at 6:00 p.m. at the Mancos Community Center, 117 North Main Street, Mancos, Colorado.
The amended contract to be negotiated will provide updated terms, and further flexibility to fund rehabilitation work for the project. All negotiations are open to the public as observers, and the public will have the opportunity to ask questions and offer comments pertaining to the contract during a thirty-minute comment period following the negotiation session.
The proposed contract and other pertinent documents will be available at the negotiation meeting, or can be obtained on our website at: http://www.usbr.gov/uc/wcao/index.html, under Current Focus or by contacting Marc Miller at 185 Suttle Street, Suite 2, Durango, Colorado, 81301, 970 385-6541 or firstname.lastname@example.org.
Here’s the release from the Bureau of Reclamation (Justyn Liff, Ernie Rheaume):
The Bureau of Reclamation has released a draft Finding of No Significant Impact and Environmental Assessment for the Animas Water Quality and Resilience Improvement Project. The proposed project would implement riparian and streambank restoration activities at three sites identified in the Lower Animas River Watershed Based Plan, including the Flora Vista River and Riparian Restoration; Ruins Road Riparian Pasture Improvement; and Road 3133 Riparian Revegetation.
The project would improve water quality and resilience of the river. The project includes: river bank restoration, removal of Russian olive, reestablishment of native riparian species, river bank re-sloping to decrease sedimentation and fencing to exclude livestock access.
The draft FONSI and EA is available by contacting Reclamation at email@example.com or firstname.lastname@example.org.
Reclamation will consider all comments received by Monday, October 22, 2018. Submit comments by email to email@example.com or to: Ed Warner, Area Manager, Bureau of Reclamation, 185 Suttle Street, Suite 2, Durango, CO 81303.
The U.S. Forest Service declared the 416 Fire “controlled” at 3 p.m. Friday.
Remnants of Hurricane Rosa helped douse lingering flames burning within the 416 Fire containment lines, according to a news release issued Friday afternoon by the U.S. Forest Service.
The 54,000-acre fire started June 1 about 10 miles north of Durango and was declared fully contained 61 days later on July 31, meaning fire crews had the blaze contained within a certain boundary. Controlled means there is no active fire within containment lines and no hot spots near the containment lines.
But the Forest Service said the fire continues to smolder in spots, and smoke could occasionally rise from the burn area, according to the release.
It may be months before the fire is completely extinguished.
Snow, freezing temperatures or consecutive days of heavy rain may be needed to completely extinguish the fire.
Much of the 416 Fire burn area is closed and will remain closed for months to come, according to the news release.
The Forest Service, which is responsible for investigating the cause of the 416 Fire, has not determined what started the blaze. The agency intends to issue a ruling in late fall or early winter.
For the past week or so, the river in Durango has registered the lowest flows ever recorded at a water-level gauge, which has been in operation for 107 years, located behind the Powerhouse Science Center, according to data maintained by the U.S. Geological Survey.
Around Sept. 26, the Animas River dipped below 100 cubic feet per second – the measurement used for waterways.
According to a review of the water-level gauge’s data, the Animas River has never dropped below 100 cfs.
Robert Kimbrough with the USGS in Denver said although the gauge shows the Animas below 100 cfs, the information needs to be confirmed before it can be considered an official record. He did not have a timeline for when that would be finished.
Below is an excerpt from Jonathan Thompson’s beautiful book about the people and the historic economies of the Four Corners area and the resultant water pollution, health problems, and climate effects left over from the extractive industries that flourished there. The book centers around the Gold King Mine spill in August 2015 and that is the context Thompson uses to explain the area’s history. He even introduces you to his grandmother and that’s quite a story in itself. River of Lost Souls is an important book. The reader ends up smarter about dealing with folks that disregard environmental issues in the name of economic gain.
To drive west out of Farmington is to travel through the borderland, where the northeastern edge of the Navajo Nation melds with the non-Indian world. It’s a cultural and economic mishmash. Here’s a sex store next to a plumbing supply shop across the highway from a sprawling automobile burial ground not far from a Mennonite church. Justalaundry, Zia Liquors, Family Dollar, and numerous little booths or shacks where Diné sell kneel down bread or tamales or piñon nuts to passersby. And the “quick cash” joints that have sprouted like weeds in Gallup, Farmington, and other reservation border towns, preying on the poor, the desperate, and the “unbanked” with their thousand-percent interest loans. It’s just an update of the exploitative pawn shops of yore. “It’s a border town, and tribes around it constitute economic colonies,” John Redhouse, who grew up in Farmington, told me, adding that things haven’t improved that much since the 1970s.
Trailers perched on cinder blocks, tires on a roof. An old man in a recliner, sipping a tumbler of warm whiskey, selling his junk. Down in the lush Jewett Valley a sign pointing to an old metal building reads: “RABBITS GOATS CHICKS AVON AT DOUBLEWIDE.” Just up the road, the Original Sweetmeat Inc., aka “Mutton Lover’s Heaven,” a slaughterhouse and butcher shop, sits alongside the highway and the Shumway Arroyo.
A few miles north looms the San Juan Generating Station, built in 1973 in the arroyo. Eight miles away, on the Navajo side of the river, sits the older, larger Four Corners Power Plant.
The Original Sweetmeats is owned and run by Raymond “Squeak” Hunt, a tall, gruff man prone to muttering inscrutable aphorisms, who deals mostly with mutton, or sheep (as opposed to lamb), and sells to a mostly Diné clientele. “You may think I’m one hard, mean son-of-a-bitch,” Hunt told me when I first met him in 2002, as he unloaded a trailer full of sheep, bound for slaughter. “But it hurts me every time I kill one of these animals.”
I wasn’t there for the sheep, though. I was visiting because Hunt is surely the most stubborn—if unlikely—thorn in the corporate side of Public Service Company of New Mexico, the operators of San Juan Generating Station and the supplier of electricity to the entire state. That doesn’t make him unique; hundreds of activists have agitated against the air pollution from the two coal plants’ smokestacks over the decades. But Hunt was one of the most ferocious fighters against a rarely noticed form of pollution spilling out of the plants: the slag, ash, and dust left over from burning coal, otherwise known as coal combustion waste.
Hunt has lived here, along the banks of the Shumway Arroyo, for much of his life. Prior to 1973 the upper reaches of the Shumway contained water only after rains. Once the arroyo reaches the San Juan River Valley near Hunt’s place, however, irrigation return and groundwater resulted in the arroyo’s transformation to a perennial stream. The stream was a source for both domestic and livestock water for early settlers of the Jewett Valley, including Hunt’s family.
When construction began on the large, mine-mouth, coal-burning power plant a few miles upstream alongside the arroyo, the arroyo changed. Coal power plants require vast amounts of water to function, and when SJGS went on-line in 1973, the plant dumped its wastewater and just about everything else into the Shumway. From that time on, the previously dry arroyo became a perennial stream from the plant to the river. Downstream users in Waterflow, in the meantime, continued to drink out of wells fed by the arroyo’s flows and their livestock kept drinking straight out of the stream.
Like the slightly larger Four Corners Power Plant, which was constructed a decade earlier, San Juan Generating Station’s smokestacks were subject to virtually no regulation. During its first decades of operation, Four Corners became notorious for the black plume of smoke—hundreds of tons of sulfur dioxide and fly ash each day—that it sent into the region’s previously crystal clear skies. One account says that one plant produced more smog than New York City. With the addition of SJGS, the air quality in the region deteriorated, vistas were cut short by smog, and the one thing that remained visible from far away were the plumes emitted by the stacks.
It did not take long for citizen groups from around the region to protest the deterioration in the quality of their air. General citizen pressure and lawsuits forced the 1977 Clean Air Act to include a policy preventing the degradation of air quality. In 1978, San Juan Generating Station installed controls to reduce smokestack emissions and Four Corners followed in 1980. Air pollution from the plants was significantly reduced. Other pollution was not.
When coal is burned the carbon reacts with oxygen to form carbon dioxide. But coal is a lot more than just carbon. It’s got sulfur in it, which becomes sulfur dioxide during combustion, the main cause of acid rain. It contains a host of other elements, most notably arsenic, mercury, and selenium, some of which waft from the stack as smoke and particulates. Most end up as solid waste of one form or another. Each year, power plants in the United States collectively kick out enough of this stuff to fill a train of coal cars stretching from Manhattan to Los Angeles and back three times. It’s stored in lagoons next to power plants, buried in old coal mines, and sometimes piled up in the open. It is the largest waste stream of most power plants, and a study by the Environmental Protection Agency found that people exposed to it had a much higher than average risk of getting cancer.
“Anybody who knows anything about coal ash chemistry knows that when you burn coal, what you have leftover is dramatically different from what you had originally,” Jeff Stant, a geologist with the Clean Air Task Force, told me back in 2002. Coal ash can contain seventeen metals. Some, like mercury or arsenic, are already toxic, others become more so during combustion.
Because every pound of pollution kept out of the air ends up in the solid waste stream, the pollution control methods in the stacks only made the problem on the ground worse. The solid waste consists of fine and dusty fly ash; a gravelly, gray material called bottom ash; and the relatively benign glassy clinkers or boiler slag. The stack scrubbers that pull sulfur dioxide and nitrogen oxide out of the smoke create perhaps the most malignant material, called scrubber sludge. All of that was typically piled up near the plant, where it could blow into the air, or get washed into an arroyo, or leach into the ground. In San Juan Generating Station’s case, the stuff was dumped right into or near Shumway Arroyo—an echo of the hardrock mining tailings that had been similarly dumped for decades one hundred miles upstream.
In the early 1980s, people who lived along the Shumway Arroyo and drank from wells began getting sick. Hunt suffered from muscle spasms, lost sixty pounds, and had a cornucopia of other problems. “I looked like a POW after World War II,” he said. His wife and kids got sick; his neighbors, too.
Though Hunt’s illness was never definitively traced to a specific cause, he and other activists are pretty sure some of the stuff in coal combustion waste made it into his water. Around the time Hunt got sick, researchers found extraordinarily high levels of selenium—which tends to be highly concentrated in coal combustion waste—in the Shumway Arroyo. His symptoms match those of selenium poisoning. His illness may have also come from ingesting too much lead, cadmium, arsenic, mercury, or sulfates, all of which are commonly concentrated in coal combustion waste.
Whatever the poison, it soon became clear that the water was tainted. Those who were sick sued the Public Service Company of New Mexico, which operates the plant; the company never admitted fault, but ultimately settled with the affected families. It also tightened up its waste disposal, becoming one of the first power plants in the nation to go to a zero discharge permit, which means it can’t release any water onto the land. After a lot of legal wrangling, Hunt settled, too.
Hunt, however, remains convinced that the power plant continues to sully the water in the arroyo. He says that water leaks from retention ponds, coal-washing, and dust-control spraying, and even if it’s clean, it picks up and remobilizes contaminants in the sediments of the arroyo, left by the dumping in the 1970s and ’80s. During the late 1990s and early 2000s, 1,400 of Hunt’s sheep, all of which had drunk from the Shumway Arroyo, got sick and died or had to be killed. Hunt blamed Public Service Company of New Mexico, or PNM, the state’s biggest electricity provider. The utility said negligence on Hunt’s part killed the sheep, with the help of minerals occurring naturally in the arroyo and the water. The utility and Hunt have been at loggerheads for years in very public ways. On their way home from work every day, the power plant’s employees have no choice but to see a giant billboard erected by Hunt on his property, bashing both PNM and New Mexico’s environmental regulators. A smaller sign above the big billboard reads: “WAKE UP you bunch of NUTS we ALL live DOWNSTREAM.”
Hunt’s fight isn’t limited to his own situation, though. He’s also worked to shine a light on the coal combustion waste issue in general. Despite the magnitude of the waste stream, and its potentially deleterious effects on human and environmental health, coal combustion waste disposal is regulated much like normal landfills are. The EPA has for decades worked on new rules, implementing some, letting others fall by the wayside.
“I hope you have a cast-iron stomach,” said Hunt as we walked over to the little stand by the road where a Diné couple was selling, along with jewelry, bowls of extremely hot chili and kneel down bread. The lamb sandwiches inside looked good at first, but after a tour of the slaughterhouse and witnessing a sheep get stunned, decapitated, and dressed, I opted for the chili. We sat in a shady spot next to the parking lot and watched a steady stream of customers go into the butcher shop and haul out racks of lamb and mutton, chops, and something a Diné man called b’chee, little strips of meat or fat wrapped up in sheep intestines that Hunt’s wife prepared.
After eating, as the afternoon clouds moved in along with a stiff breeze, we climbed into Hunt’s truck and he drove us to the south side of the river, toward Four Corners Power Plant. We followed a dirt road skirting Morgan Lake, in the shadow of the soot-stained smokestacks of the plant. Each year about nine billion gallons of water are brought up from the San Juan River to form this reservoir, then it’s circulated through the plant to cool the massive generators and for other purposes. The hot water is discharged back into the reservoir, so Lake Morgan is warm and steamy, even in winter, making it a popular, if surreal, windsurfing and fishing spot.
When early provisions of the 1970 Clean Air Act first were being implemented in the early 1970s, the smokestacks looming over Lake Morgan kicked out more than four thousand pounds of mercury each year, along with thousands of pounds of selenium and copper and hundreds more pounds of lead, arsenic, and cadmium, not to mention sulfur dioxide, nitrogen oxides, and other pollutants. Thanks to federal air pollution regulations, and to activists who push the government to enforce those rules, emissions have decreased considerably over the years. Now, with only two of five units still in operation, the plant puts out about 150 pounds of mercury and 520 pounds of selenium each year, along with varying quantities of other toxic metals. Most of these pollutants are then deposited in the surrounding water, on the land, and on homes. For years, rain and snow falling on Mesa Verde National Park—its backside visible from the shores of Morgan Lake—have contained some of the highest levels of mercury in the nation, and elevated levels have even been found on Molas Pass, just south of Silverton. The mercury is then taken up by bacteria in lakes and rivers, which convert it to highly toxic methylmercury, which then enters the food chain. Mercury messes with fishes’ brains, and even at relatively low concentrations can impair bird and fish reproduction and health. It’s not so good for people, either.
We continued out into the desert toward the Chaco River and the Hogback, and as we came over a rise an incongruous scene unfolded before us: a flat-topped, uniformly shaped mesa, its dusty soil gray and smooth, with eerie-looking deep-orange water pools on its surface. Nothing was growing there. I wondered if maybe it was this that I needed a strong stomach for, not the chili.
We were looking at the Four Corners Power Plant’s dump, made up of ash impoundment piles, decant water, and evaporation ponds, containing some forty years’ worth of accumulated coal combustion waste—tens of millions of tons of it—from three of the plant’s five generators. At the time, Four Corners was burning about 8.5 million tons of coal each year, some 3.3 million tons of which were leftover as coal combustion waste, dumped both here and back into the nearby mine. A trio of unlined sludge-disposal ponds sat less than five hundred yards from the Chaco River, which empties into the San Juan River a few miles away. Two miles upstream is the Hogback Outlier, a Chacoan-era pueblo. A crescent-shaped structure known as a herradura—a piece of AWUF associated with Chacoan roads—sits atop the Hogback nearby.
Darker clouds headed our way and the wind kicked up, whipping the fine, gray ash and dust off the top of the piles and into the air, reducing visibility to thirty feet or so. When the dust cleared we saw a sign stuck into the base of one of the piles. It read: “No Trash Dumping. Walk in Beauty.”
For people who worry about coal combustion waste and the way it’s regulated, this place is Exhibit A. “My first thought when I saw this,” Lisa Evans, an attorney for Earthjustice, told me, “was, this can’t be the United States.”
Like the Shumway Arroyo which runs past Hunt’s home, the Chaco River downstream from this complex of ponds and piles has contained extremely high levels of selenium, as does the groundwater beneath the ponds. When ingested, selenium can adversely affect reproduction in fish, birds, and mammals. Fish along this stretch of the San Juan River often contain elevated levels of mercury, lead, selenium, and copper. In 1992 a U.S. Fish and Wildlife biologist surveyed fish downstream on the San Juan River from the Four Corners Power Plant to Mexican Hat and found that a majority of them had lesions, damaged livers, deformities, or other signs of disease. While the culprit appeared to be bacteria, the particular strains need the fish to be otherwise impaired, by contaminants, for example, in order to invade.
When I returned to Hunt’s place in 2007, he gave me the same tour. Nothing had changed, but the spokesman for the plant’s operator, Arizona Public Service, assured me that they were no longer dumping their coal ash in the piles Hunt and I toured, and that the company planned to clean up the nasty piles and ponds and replace them with lined impoundments. Since then, the piles have been covered, and the old ponds removed. Dumping continues here, but under more controlled conditions. Ash is also dumped back into the nearby coal mine, which has been owned by a Navajo Nation-owned company since the end of 2013. This alleviates some of the problems associated with dumping, but doesn’t solve all of them, critics say. Chemicals can still leach into groundwater (though it’s less likely here, where it’s so arid), and unless the ash is covered, it can still blow around in the air, settling on nearby homes.
Arizona Public Service, which is owned by Pinnacle West Capital Corporation, sells electricity to nearly 1.2 million people across Arizona. The corporation raked in over $400 million in profit in 2015. At the same time, it lobbied hard to change state rules on net metering, which determine how much the utility must compensate homeowners for electricity generated by rooftop solar panels. They’ve managed to chip away at the incentives, thus discouraging people from installing their own panels and generating a bit of their own electricity.
As we drove back around the plant, seemingly to provoke the security guards, Hunt treated me to another rhetorical geode. “It’s just like asking Patty Hearst’s mother what happened…all you get is a bunch of excuses,” he said. “These are some nasty sons-a-bitches. It’s all about profit. They don’t care about anything or anyone, they just care about their profits.” As crude as the delivery might have been, it was hard to refute the concept.
When we arrived back at Original Sweetmeats, the after-work rush was on. We hung back by the truck and watched. It was late afternoon. The cottonwoods cast long shadows on the ground. “If I’m lucky, one day I’ll die of a heart attack,” Hunt said.
After a pause, he perked up to tell me about the petroglyphs that are pecked into the sandstone cliff band that runs up and down the San Juan for miles. I looked out at the valley, sliced up by the four-lane highway and the big transmission towers, and wondered why the Pueblo people would leave such a place, and I tried to imagine what the first Diné people, coming from the North, out of the cold mountains and across the parched high desert, thought when they came upon the silty river and the trees and the willows on its banks. It must have felt like home.
Up on the desert on either side of the valley, the plants chugged on, each burning twenty thousand tons of coal per day. They’ve brought jobs and industry to a once-impoverished and undeveloped place and keep the people in faraway cities cool in the unforgiving summer heat. They each send millions of dollars of property taxes and royalties to various governments. They also spew out thousands of tons of toxic waste each year. Power is not free.
An old pickup truck pulled into the parking lot, several cages holding roosters in the back. A large man tumbled out, wearing safety glasses and a dirty jumpsuit, his face spattered with some kind of black soot: a power plant employee, selling his chickens after work.
“Five dollars for the little ones,” he told a man and wife who were inspecting the birds. Then he turned to Hunt and me and told us about how he can no longer smell anything after years at the plant, and about how his friend who lived nearby had to clean his television screen daily to wipe away the buildup of fly ash.
“I won’t make it to sixty, I can guarantee that,” he said, matter-of-factly. His wife sat in the cab of the pickup, smiling and quiet.
The haze seemed to be getting thicker in the west, the sun taking on an orange glow. Under my breath, to no one in particular, I said, “Looks like it will be a nice sunset tonight.”