
WINDOW ROCK – On Feb. 12, the Navajo Nation won an important victory in its fight for fair compensation for the harms caused by the U.S. EPA and its contractors from the devastating Gold King Mine spill of August 2015.
The United States District Court for the District of New Mexico denied contractor Environmental Restoration, LLC’s motion to dismiss the Nation’s claims, instead upholding all claims, including CERCLA claims, and claims for negligence, gross negligence, trespass, and nuisance.
The Court also refused Environmental Restoration’s demand to strike the Nation’s request for punitive damages.
The case arose because the U.S. EPA, its contractors, and other...