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EPA Contractors Get Review on Timeliness of Gold King Spill Suit

Sept. 26, 2019, 2:01 PM

Cleanup contractors for the EPA may immediately appeal to the Tenth Circuit a ruling that allowed negligence claims by hundreds of members of the Navajo Nation to proceed over the massive 2015 Gold King mine spill that was allegedly triggered by the cleanup.

The U.S. Court of Appeals for the Tenth Circuit will consider whether the District of New Mexico erred in applying the substantive law of Colorado, whose statute of limitations would bar the suit, when the more generous statute of limitations of New Mexico would allow the claims to proceed.

The district court Sept. 25 granted the contractors’ ...

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