Page 28 - ARUBA TODAY
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A28    SCIENCE
                   Monday 19 March 2018
            EPA may be overstating claims from mine spill




            By DAN ELLIOTT                                                                                                      in  many  cases  paying  —
            Associated Press                                                                                                    those sorts of expenses sep-
            DENVER  (AP)  —  The  U.S.                                                                                          arately.
            Environmental    Protection                                                                                         It  wasn't  clear  why  they
            Agency  says  it  has  almost                                                                                       would  be  included  in  the
            finished an overdue review                                                                                          state's  tort  claim.  In  an
            of  damage  claims  from  a                                                                                         email,  New  Mexico  attor-
            Colorado  mine  waste  spill                                                                                        ney  general's  spokesman
            that  the  agency  acciden-                                                                                         James  Hallinan  said  only
            tally  triggered,  but  an  in-                                                                                     that the $154 million figure
            ternal  agency  accounting                                                                                          "it is not a limitation on the
            of those claims appears to                                                                                          damages we are seeking."
            be off by tens of millions of                                                                                       In  January  2017  —  the  fi-
            dollars.                                                                                                            nal  days  of  the  Obama
            An  EPA  spreadsheet  says                                                                                          administration  —  the  EPA
            the  claims  for  economic                                                                                          rejected  the  Federal  Tort
            losses and personal injuries                                                                                        Claims  Act  requests,  say-
            from  the  2015  spill  at  the                                                                                     ing   sovereign   immunity
            Gold  King  Mine  totaled                                                                                           prevented the government
            more  than  $2.5  billion.  The                                                                                     from paying. That angered
            EPA provided the list to the                                                                                        Congress,  and  President
            Associated Press this month                                                                                         Donald  Trump's  new  EPA
            under an open records re-    In this Aug. 11, 2015 file photo, a La Plata County sheriff notice marks the closure of the Animas   chief, Scott Pruitt, promised
            quest.                       River due to the Gold King Mine spill downstream from the mine, in Durango, Colo.      to review the decision.
            But the list appears to over-                                                                      Associated Press  On  Aug.  4,  Pruitt  an-
            state  by  $100  million  the                                                                                       nounced the EPA would re-
            value  of  claims  submitted  sought at least $130 million,  downward,  but  was  never  allegations  will  be  settled  consider claims from parties
            by a law firm on behalf of  the  Navajos  $160  million  deleted from the EPA's list.  in court, rather than under  who  hadn't  filed  lawsuits,
            about a dozen clients.       and Utah $1.9 billion. Utah's  The  EPA  said  the  $220  mil-  the tort claims law.   saying  the  agency  should
            It's  the  latest  in  a  series  of  claim  cited  unspecified  lion  in  the  spreadsheet  The amount that New Mex-  be held to the same stan-
            complications    and   set-  damages to water, soil and  reflects  the  firm's  original  ico  claimed  as  economic  dards as everyone else.
            backs  since  EPA  contrac-  wildlife.                    claim,  but  agency  docu-   losses is unclear. State offi-  The EPA said at the time its
            tors working at the inactive  Danny Booher, a New Mex-    ments  released  last  year  cials have said they sought  deadline  for  completing
            mine  unleashed  3  million  ico resident who asked for  show the original claim was  $130  million,  but  the  EPA  the review was the end of
            gallons  (11.3  million  liters)  $5  million  for  health  prob-  for  $900  million.  The  EPA  says it's $154 million.  2017, but that passed with
            of wastewater carrying ar-   lems  and  property  dam-    didn't immediately respond  The  EPA  says  the  higher  no  announcement  of  any
            senic, lead and other toxic  age, said he was frustrated  to an email asking for clari-  number   includes   other  decisions.
            metals.  A  yellow-orange  by the wait and the lack of  ty, or whether it could verify  types  of  expenses,  includ-  Pruitt  told  The  Denver  Post
            plume  of  pollution  tainted  updates.                   the accuracy of its list.    ing  the  cost  of  respond-  on Monday he plans to fin-
            waterways  in  Colorado,  "It's  been  over  two  years,"  The compensation requests  ing to the original spill and  ish  the  review  by  the  end
            New Mexico, Utah and Na-     he said. "We're pretty much  were  submitted  under  the  monitoring  water  quality  of the month. He didn't say
            tive  American  lands,  put-  out here left to dry."      Federal  Tort  Claims  Act,  in  the  future.  The  agency  when any claims might be
            ting  the  rivers  temporarily  Booher's claim was filed by  which allows parties to ask  has been reviewing — and  paid.q
            off-limits for a range of uses  Will  Ferguson  and  Associ-  the federal government to
            from drinking water to raft-  ates, an Albuquerque, New  repay  them  for  economic
            ing.                         Mexico, law firm represent-  losses  and  injuries  caused  No small feat: Santa Barbara
            The EPA pledged to make  ing several residents of the  by      the   negligence    or
            good  on  the  damages,  state in their cases against  wrongful  action  of  federal   Zoo giraffe births 6-foot baby
            and about 400 private par-   the EPA.                     employees.
            ties  submitted  requests  for  The firm ended up filing 13  The dollar amount of some   SANTA BARBARA, Calif. (AP)  chele  Green  says  it  was  a
            $318  million,  according  to  claims totaling $120 million,  of  those  claims  may  be   — Now that's a big baby!  fast and smooth birth, and
            EPA documents. The claims  but  the  recently  released  moot.  Anyone  who  files     The  Santa  Barbara  Zoo's  the  female  calf  stood  up
            cited lost wages and busi-   EPA  spreadsheet  says  it  a  lawsuit  against  the  fed-  Masai   giraffe,   Audrey,  and was nursing in only two
            ness income, ruined vaca-    was 14 claims totaling $220  eral  government  can't  be   gave birth this week.       hours.
            tions,  property  damage,  million.                       reimbursed  under  the  tort   The  newborn  is  6-foot-  A  medical  exam  Thursday
            loss  of  property  value  and  Will  Ferguson,  the  firm's  claims law, experts say.  1-inch  (1.8  meters)  and  found the calf to be strong
            health problems.             managing partner, said the  Several  parties  filed  both   weighs  180  pounds  (81.6  and  healthy.  The  mother
            New Mexico, Utah and the  extra  $100  million  may  be  lawsuits and tort claims, in-  kilograms).                 and  baby  remain  out  of
            Navajo  Nation  filed  much  a  holdover  from  an  earlier  cluding New Mexico, Utah   Curator  of  Mammals  Mi-   view for now.
            larger  claims.  New  Mexico  claim  that  the  firm  revised  and  the  Navajos,  so  their                        A  naming  contest  will  al-
                                                                                                                                low  the  public  to  choose
                                                                                                                                from  the  options  of  Ami-
                                                                                                                                rah,  Makena,  Nugget  and
                                                                                                                                Quintin.
                                                                                                                                The  zoo  says  there  are
                                                                                                                                about 37,000 Masai giraffes
                                                                                                                                in  Kenya  and  Tanzania,
                                                                                                                                but they are at risk due to
                                                                                                                                poaching  and  degrada-
                                                                                                                                tion and loss of habitat.
                                                                                                                                q
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