Trump administration excludes Navajo Nation in review of Gold King Mine claims

Tuesday, August 8, 2017  

The new leader of the Environmental Protection Agency is criticizing the Obama administration for the Gold King Mine disaster but won't change course when it comes to the Navajo Nation.

The tribe is seeking about $160 million in damages in connection with the spill on August 4, 2015. But since the tribe has a lawsuit pending in federal court, the EPA won't be reconsidering those claims, the Associated Press reported.

The clarification came after EPA Administrator Scott Pruitt visited the site of the disaster in Colorado on Friday. A press release noted that "neither the EPA Administrator at the time, Gina McCarthy, nor President Obama nor Vice President Biden, ever visited the site of the spill itself."

The account is correct -- McCarthy went to Colorado in the aftermath of the spill but did not tour the Gold King site. But she did visit the Navajo Nation to meet with tribal leaders on their own territory, which Pruitt did not do.

Ahead of the visit, Pruitt sent letters to claimants to inform them that he was reopening the review process. But neither the tribe, nor the state of New Mexico, are included because they are in court.

“A new review is paramount to ensure that those who have, in fact, suffered losses have a fair opportunity to have their claims heard,” Pruitt said in the press release on Friday.

The spill released about 3 million gallons of toxic waste into the San Juan River. The waste traveled downstream to the Navajo Nation, where residents, ranchers and farmers had to go without water for a period of time. They lost crops, livestock and other property as a result.

Like other entities affected by the disaster, the tribe filed an administrative claim with the EPA. It was denied during the final days of the Obama administration in January, The Denver Post reported at the time.

“The U.S. EPA poisoned our water and now are turning their backs,” President Russell Begaye said in a press release after the denial . “We are angered and appalled by this, but we will fight for what is right for the Navajo people and the Navajo Nation."

By that time, the tribe had already sued the EPA for the spill and sought to add the denial of the claims to the case. That's why the EPA says it can't review them again.

Read More on the Story:
EPA: No review of mine spill claims after state, tribe sued (AP 8/7)
New Mexico congressional delegation worries state, Navajo Nation will be left out of EPA’s new Gold King promises (The Denver Post 8/7)
Scott Pruitt says EPA “walked away” from Colorado after Gold King spill, commits to making Silverton clean-up a priority (The Denver Post 8/4)
EPA chief to reconsider mine waste spill payments (AP 8/4)

Cronkite News: Navajo Nation is still waiting for disaster assistance (February 9, 2017)
Republicans upset with lack of criminal charges in Gold King Mine disaster (October 17, 2016)
Cronkite News: Navajo Nation pushes for cleanup of mine site (September 22, 2016)
Second run scheduled to raise awareness of Gold King Mine disaster (August 23, 2016)
Navajo Nation sues Environmental Protection Agency for mine spill (August 17, 2016)
Federal criminal investigation ongoing into Gold King Mine disaster (August 1, 2016)
Cronkite News: EPA slammed for response to Gold King Mine spill (April 28, 2016)
Navajo Nation leaders to testify at Senate Indian Affairs Committee field hearing (April 21, 2016)
Senate Committee on Indian Affairs sends subpoena to leader of EPA (April 13, 2016)
Sen. Barrasso calls on EPA leader to attend hearing on Gold King Mine spill (April 12, 2016)
Senate Committee on Indian Affairs weighs subpoena of EPA leader (April 11, 2016)
President of Navajo Nation calls on EPA to testify at field hearing (April 7, 2016)
Tribes and states work together to monitor water after mine spill (March 25, 2016)
Senate Indian Affairs Committee postpones field hearing into EPA (February 8, 2016)
House committee set for another hearing on Gold King Mine spill (December 7, 2015)
Bill aims to address claims arising from spill at Gold King Mine (September 23, 2015)
House committees hold long hearing into Gold King Mine spill (September 18, 2015)
EPA leader faces fire for dealings with tribes after mine disaster (September 17, 2015)
EPA Administrator to appear at three Gold King Mine hearings (September 11, 2015)
Navajo Nation cites 'culture of distrust' with Gold King Mine spill (September 10, 2015)
Navajo Nation welcomes Erin Brockovich in aftermath of disaster (September 7, 2015)
Navajo Nation hires firm to pursue Gold King Mine spill lawsuit (September 1, 2015)
Multiple Capitol Hill hearings set into disaster at Gold King Mine (August 31, 2015)
Navajo Nation to reopen irrigation canal after Gold King mine spill (August 28, 2015)
EPA releases internal report into Gold King Mine spill disaster (August 27, 2015)
Senate Indian Affairs Committee to hold hearing on EPA mine spill (August 26, 2015)
Native Sun News: Tribes respond to toxic spill at abandoned mine (August 25, 2015)
Navajo Nation farmers losing crops amid mine spill concerns (August 18, 2015)
Leader of EPA visits Navajo Nation after mine spill in Colorado (August 13, 2015)
President of Navajo Nation upset with EPA's response to spill (August 12, 2015)
Navajo Leader: 'This is an assault on who we are as Dine people' (August 11, 2015)
Navajo Nation to sue EPA over release of mine waste into waters (August 10, 2015)