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August 3, 2016

Criminal Charges Forthcoming in EPA Mine Spill?

The Justice Department is getting involved.

An EPA internal review of the Gold King Mine breach commissioned last August claimed “the Adit blowout was likely inevitable” even though it admitted some red flags and safeguards were ignored. The agency, in typical bureaucratic fashion, was desperately trying to exonerate itself of wrongdoing. But the Department of the Interior came to a somewhat different conclusion when it released an independent assessment in October.

As explained in a Government Executive piece at the time, “Spe­cific­ally, the re­port says that EPA did not ad­equately eval­u­ate the buildup of flu­id in the mine and the ground­wa­ter con­di­tions around it.” Significantly, the study notes, “Had it been done, the plan to open the mine would have been re­vised and the blo­wout would not have oc­curred.” If that’s mere negligence, it comes at much too high a cost.

Any rationally minded person would demand someone be held liable. Well, this week we can finally report some good news. The levying of criminal charges was put back on the table after the Justice Department, together with EPA’s Office of Inspector General, began an investigation into the Gold King Mine debacle. We shouldn’t get our hopes too high, of course — remember, AG Loretta Lynch is at the helm, which means the chances of an EPA official serving time in jail aren’t much better than Hillary Clinton facing consequences for her unscrupulous behavior.

Still, the fact Justice feels obligated to intervene is more evidence that the EPA still hasn’t come clean about what really set the August 5, 2015, mine spill into motion. And depending on which administration replaces Obama’s, next year’s DOJ may actually do something about it.

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