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Public Liability for Mining Waste Clean-Up

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CERCLA 108b Decision
(Legal Document)
 

Case Number # 1675

According to Superfund legislation passed in 1980, the EPA should have developed regulations that required mining companies and other high-risk polluting industires to provide financial proof that in case of toxic spills and other environmental contamination, these companies would be able to clean up the resultant contamination. The EPA has yet to issue these regulations, and some mining companies have declared bankruptcy instead of paying to clean up their sites, leaving the taxpayers with the bill. Without the financial incentive to prevent pollution, these companies have little incentive to improve their waste management.

In February 2009, a United States District Court ruled that the EPA must produce these long overdue regulations for mining companies by May 4, 2009, therefore limiting the public's liability for the damage caused to the environment by poor practices by these companies.

Earthworks
Sierra Club
Jan Hasselman
Lisa Evans

Press Releases

EPA Takes First Step In Closing Mining Cleanup Loophole
Monday, July 13, 2009
Move comes as pollution from mining operations comes under increased scrutiny
Court Rules Cleanup Tab For Mines and Other Hazardous Sites Should Not Fall to Public
Thursday, February 26, 2009
In closing 25-year loophole, court protects public from hazardous waste sites and could save taxpayers billions
Groups Seek to Close Superfund Law Loophole
Wednesday, March 12, 2008
Move will save taxpayers billions, discourage polluting practices