For almost a week, a torrent of toxic sludge — the color of hot mustard and rife with poisonous metals — has been flowing through Colorado, Utah and New Mexico. On Monday, the governor of Colorado declared a belated state of emergency, as officials announced that the popular Animas River would remain closed until at least August 17.
The Environmental Protection Agency was on the scene faster than usual, containing the spill and starting the cleanup process. That’s the good news. The bad news is that the EPA caused the spill in the first place.
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“We’ve launched an independent investigation to see what happened and we’ll be taking steps to ensure that something like this doesn’t happen again,” Shaun McGrath, the EPA administrator in charge of the region, told reporters on Monday.
At a public meeting on Friday, David Ostrander, the EPA’s regional director of emergency preparedness, struck an even more contrite tone. “It’s hard being on the other side of this,” he said. “We typically respond to emergencies. We don’t cause them.”
The spill is a costly and ill-timed error for Mother Nature’s premier federal defender. By law, the agency has to pay off people who suffered personal injury or property damage as a result of governmental actions, and there’s likely to be a number of those claims.
On Wednesday morning, the EPA now admits, more than 3 million gallons of errant goo slid out of a dormant gold mine and into the Animas River. That’s three times as much as original estimates.
But the appearance of incompetence is likely to make this spill a political headache, too. It comes as the agency is already under broad attack for its role as the muscle behind President Obama’s Clean Power Plan, and, indeed, much of the administration’s broader plan to combat global warming.
So far, the EPA has said very little about the cause of the spill, and it declined msnbc’s request for additional comment. Officials acknowledged that the spill was triggered while an EPA-supervised crew was working near Silverton, Colorado, in the southwest part of the state.
Fluid from inside the Gold King Mine, shuttered since 1923, has been leaching into the surrounding area. That mine alone was a slow motion disaster, in the EPA’s opinion, and the area is shot through with dozens of similarly toxic wells. It’s so bad that the EPA has tried to declare the area a Superfund site — clearing the way for an ambitious clean-up.
But after local opposition, the agency opted for a more modest, incremental plan. A crew would slurp out the worst pools of sludge and dispose of them properly. That was the goal near Silverton when heavy equipment somehow disturbed an earthen wall that secured the liquid, releasing an up to 80-mile ribbon of pollution downstream.








