NM Tort Claims Against Feds Survive In Gold King Spill Suit

Law360 (February 19, 2021, 2:05 PM EST) -- A New Mexico federal judge has refused to toss the state's tort claims against the federal government in sprawling litigation stemming from the 2015 Gold King Mine spill in southern Colorado, rejecting arguments that New Mexico is not party to the suit.

Although the caption of an amended 2019 complaint from New Mexico and its Environment Department "could have been more clearly drafted," Chief U.S. District Judge William P. Johnson wrote in his Thursday opinion, the allegations of economic and environmental damages "clearly show that the State of New Mexico is intended as a plaintiff."

Therefore, the state can continue to...

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