SALT LAKE CITY (Legal Newsline) – The state of Utah alleges it has been damaged by a blowout at a former gold mine in Colorado.
The state of Utah filed a complaint on July 31 in the U.S. District Court for the District of Utah against Environmental Restoration LLC, Harrison Western Corp., Kinross Gold Corp., Kinross Gold U.S.A. Inc., Sunnyside Gold Corp. and Gold King Mines Corp. citing the Comprehensive Environmental Response, Compensation and Liability Act.
According to the complaint, in August 2015 the U.S. Environmental Protection Agency and its contractors breached an entrance to the Gold King mine, which caused a blowout and the spill of 3 million gallons of waste in the Animas River in Colorado. The state of Utah alleges that this waste caused damage to the San Juan River and Lake Powell.
The plaintiff holds Environmental Restoration LLC, Harrison Western Corp., Kinross Gold Corp., Kinross Gold U.S.A. Inc., Sunnyside Gold Corp., and Gold King Mines Corp. responsible because the plaintiff has incurred response costs associated with the lost environmental values because of the mine owned or worked on by the defendants.
The plaintiff requests a trial by jury and seeks award compensatory, consequential and punitive damages to the plaintiff; disgorgement of profits; order the defendants to abate the trespass; declare the defendants liable for all costs incurred by the plaintiff to abate the nuisance; civil penalties; interest; all legal fees and any other relief as the court deems just. It is represented by Utah Attorney General Sean D. Reyes and Peter Hsiao and Matthew L. Hofer of Morrison & Foerster LLP in Los Angeles.
U.S. District Court for the District of Utah case number 2:17-cv-00866-BCW