EPA-fouled Animas River: How to sue gov’t agencies and win using SCOTUS ruling

After the August 5, 2015 Gold King Mine toxic waste spill into the Animas River and downstream watercourses that was caused by EPA incompetence (or intention, depending on the perspective), there was some misunderstanding about how claims for damages should be handled. Russell Begaye, president of the Navajo nation, was strong in cautioning members to hold off submitting Standard Form 95 that EPA employees were distributing on the reservation. The assumption was that claimants must sign the form supplying a final amount for restitution that cannot be amended, barring all possibility of pursuing legal remedy should damage accrue over time.

There are ways of dealing with the form that most of us wouldn’t consider but is a necessary component to assure restitution for egregious damage which effects are long-lived. Our legal researcher, Toddy Littman, explained the process that, if followed, is the best avenue to receive full remedy.

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