EPA Won’t Pay for Gold King Mine Spill Because the Crown Has Immunity

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Two years ago, an egregious error by the EPA led to a massive toxic spill of 3 million gallons of dangerous metals. Lead, cadmium, arsenic and other metals poured into the Animas River. The EPA won’t pay for it because they have “sovereign immunity” or “crown immunity”.

Definition

Wikipedia defines it: Sovereign immunity, or crown immunity, is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution. It is a principle of international law which exempts a sovereign state from the jurisdiction of foreign national courts.

They’re not a state, so they must be the sovereign.

The EPA Is Immune

The EPA says it does not have to repay $1.2 billion to the states because under federal law they are protected by “Crown Immunity” or “Sovereign Immunity” reports the Washington Examiner.

The Department of Justice (DOJ) allegedly provided the agency with this information. “The circumstances surrounding the Gold King Mine incident unfortunately do not meet the conditions necessary to pay claims,” because the law “does not authorize federal agencies to pay claims resulting from … acts of a governmental nature or function and that involve the exercise of judgment,” EPA said in a statement.

Federal attorneys argued the EPA is protected by a legal principle called sovereign immunity, or “crown immunity,” which argues a sovereign state cannot commit a legal wrong and is therefore immune from prosecution.

This principle is commonly expressed by the popular legal maxim rex non potest peccare, meaning “the king can do no wrong.”

They do think they’re kings. We thought so.

 


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