"EPA: No Review Of Mine Spill Claims After State, Tribe Sued"

"DENVER — Days after the Environmental Protection Agency pledged to reconsider damage claims it previously rejected after a mine spill, the agency said Monday it could not review multimillion-dollar requests from the state of New Mexico and the Navajo Nation because both have sued the agency.

In a written statement, the EPA said the law prevents it from reconsidering claims from anyone who has filed suit.

That could rule out a review of the two largest claims from the 2015 spill in southwestern Colorado, which the EPA inadvertently triggered.

More than 70 governments, businesses and individuals sought about $420 million in damages under the Federal Tort Claims Act, which is a way to settle without a lawsuit. The Navajos filed claims for $162 million and New Mexico for $130 million."

Dan Elliott reports for the Associated Press August 7, 2017.