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Jul 27, 2017

U.S. Government Liable Under CERCLA as Owner for Mining Patent Leases in $1 Billion Environmental Clean-Up

Mining equipment

On July 19th, the Tenth Circuit determined that the U.S. government is liable for environmental contamination at a mining site operated by Chevron and other mining entities under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. §§ 9601 et seq. Chevron Mining Inc. v. United States, No. 15-2209, 2017 WL 3045887, at *1 (10th Cir. July 19, 2017). Anticipated cleanup costs exceed $1 billion. Under the 1872 General Mining Act, 30 U.S.C. § 22, the U.S. government holds legal title and mining patents or claims are filed to specific portions of federal property. The 10th… Read more