Originally published August 5, 2016

Today is the one year anniversary of the Gold King Mine wastewater release incident....

As you may recall, on August 5, 2015, the U.S. Environmental Protection Agency ("EPA") was conducting an investigation into the Gold King Mine near Silverton, Colorado when approximately 3 million gallons of mine wastewater spilled into Cement Creek, a tributary of the Animas River, over a period of about eight days. The wastewater release flowed down the Animas River to the San Juan River.

The wastewater was "acidic, mine-influenced water," according to the EPA, and the released waters cascaded through three states (Colorado, Utah and New Mexico) and three American Indian reservations (Southern Ute Indian Tribe, Ute Mountain Ute Tribe and Navajo Nation).

Where are we now, one year later?

  1. New EPA Report

Earlier this week, the EPA published a report to summarize the agency's efforts to address the release entitled, "One Year After the Gold King Mine Incident: A Retrospective of EPA's Efforts to Restore and Protect Impacted Communities;" the full copy of the text can be found here.  In addition, Assistant Administrator of the Office of Land and Emergency Management, Mathy Stanislaus, drafted a Memorandum that accompanied the report, which may be found here.

In the report, the EPA addressed the background of mining in the Western United States and the potential impacts of the 161,000 abandoned hardrock mines in the 12 western states and Alaska.  The EPA's response to the wastewater release at the Gold King Mine is also explained in detail in the report, as were the environmental conditions post-incident.

The report also details the EPA's financial commitments to the Gold King Mine wastewater release, stating that the EPA has dedicated more than $29 million to date.

In addition, the report describes the efforts the EPA has taken to improve its practices in light of this incident.  Specifically, the EPA has reportedly improved its notification and response systems and developed a draft "Best Practices and Approaches Report: Preventing Sudden, Uncontrolled Fluid Mining Waste Releases Prior to Conducting Response Actions at Mine Sites" that "compiles best practices and approaches for preventing fluid mine waste releases from collapsed adits and tailings impoundments/dams." This draft best practices and approaches report is said to be currently undergoing external review by federal land management agencies, states and tribes.

  1. Criminal Investigation into EPA Fault Instituted

As reported earlier this week by The Denver Post, "Federal authorities have confirmed for the first time that a criminal investigation into the 2015 Gold King Mine spill is underway, saying their probe involves the U.S. Attorney's Office and came at the request of members of Congress."  The Senate Committee on Indian Affairs, led by its Republican committee chairs U.S. Senators John Barrasso, R-Wyo., and John McCain, R-Ariz., spearheaded the request for the criminal investigation.

  1. Superfund National Priority Listing Proposed

The EPA has also proposed a Superfund National Priorities Listing for the Bonita Peak Mining District (which includes the Gold King Mine).  Forty-eight mine sites are included in the Bonita Peak Mining District.  The National Priorities Listing would make the proposed district eligible for additional study and cleanup monies and resources under the EPA's Superfund program.  The comment period on the proposed listing ended in June and the EPA will be making a final decision.  Documents related to the potential Bonita Peak Mining District site can be found on the EPA's website here.

We will continue to keep you apprised of the status – stay tuned!


*Our previous blogs on the Gold King Mine Wastewater Release can be accessed here:

Why Am I So Interested in the Gold King Mine Wastewater Release? – May 11, 2016

April Showers Bring...EPA Money for the Gold King Mine Wastewater Release – April 29, 2016

The Aftermath of Gold King Mine August Wastewater Release: EPA Suspends Work at Ten Mine Sites – September 15, 2015

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.