EPA v. Blue Tee (Bonita Peak and Carpenter Snow Creek) (NC)

Case summary

This letter requests the assistance of the U.S. Department of Justice (DOJ) regarding potential compulsory counterclaims arising pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq. (CERCLA), in connection with litigation filed by the State ofNew Mexico against the EPA in the U.S. District Court for the District of New Mexico captioned New Mexico v. United States Environmental Protection Agency, No. 1: 16-cv-00465-KK-LF (D.N.M. filed May 23, 2016). The New Mexico litigation impacts the Bonita Peak Mining District Site (Site), which is proposed for inclusion on the National Priorities List (NPL). This high profile site includes the Gold King Mine along with forty-five other specific mine-related sources creating an extremely complex enforcement case for the EPA and DOJ.

Defendants (1)

• SUNNYSIDE GOLD CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• GOLD KING MINE RELEASE

  10 MILES NORTH OF SILVERTON, CO, SILVERTON, CO, 81433

  Registry ID: 110067039056

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• Blue Tee (Bonita Peak and Carpenter Snow Creek) (NC)entered 2019-09-13

  Primary law: CERCLA

Timeline (5 milestones)

• 2016-08-26Referred To Dept Of Justice
• 2016-10-04Enforcement Action Data Entered
• 2019-09-13Final Order Entered
• 2019-09-13Complaint Filed With Court
• 2019-09-13Final Order Lodged