ELR Citation: 52 ELR 20130
No(s). 1:18-md-02824-WJ (D.N.M. Nov 21, 2022) (Johnson, J.)

A district court granted a federal contractor's motion for partial summary judgment in a CERCLA liability suit brought by the state of New Mexico and a Native American reservation concerning Gold King Mine's release of millions of gallons of contaminated water into nearby rivers in 2015. The contractor contended it was not liable as a transporter because it never accepted the impounded water released from the mine and did not select a disposal or treatment location for the water; that it was not liable as an operator because it did not participate in and had no authority to control excavation at the mine immediately before the release; and that it was not liable as an arranger because it never possessed, owned, or controlled the water impounded in the mine. The court found that plaintiffs did not establish a genuine issue of material fact regarding whether the contractor was a transporter, operator, or arranger under CERCLA, and granted partial summary judgment for the contractor.