Appeals court rules against New Mexico ranchers over gold mine catastrophe

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New Mexico farmers and ranchers who filed suit against a company that caused Colorado’s Gold King gold mine environmental disaster in 2015 lost their case this week with the federal appeals court in Denver, Colorado.

The dozens who filed suit against Environmental Restoration, LLC, a firm hired by the EPA to do the excavation of the inactive gold mine, originally did so in New Mexico. The company however argued the suit failed to meet a 2-year statute of limitation in Colorado where the incident occurred.

A New Mexico judge refused to dismiss the lawsuit, pointing out there was a 3-year statute of limitation in New Mexico.

Environmental Restoration went to the 10th U.S. Circuit Court of Appeals in Denver where this week the court sided with the company.

The appeals court ruled ” the district court had to apply the point source state’s statute of limitations to state law claims preserved under the CWA. (Clean Water Act)”