10th Circuit: Government Can Be Liable For Some Mining Cleanup Costs

Mealey's (July 24, 2017, 10:49 AM EDT) -- DENVER — A 10th Circuit U.S. Court of Appeals panel on July 19 ruled that the federal government can be liable for some cleanup costs at a New Mexico mine as an owner under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) because it owned a piece of national forest that was used to dump mine tailings (Chevron Mining Inc. v. United States, et al., No. 15-2209, 10th Cir., 2017 U.S. App. LEXIS 12959)....