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Animas River Accident A Test Of Our Laws

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Ladies and gentlemen, we have arrived at a point in time that will later be perceived as a defining point in our history. Do our laws apply to everyone equally, or can government employees and agencies get away with crimes that ordinary people could not? In other words, are we a nation of laws, or a nation of men?

For those who don't know, the EPA committed a tiny blunder recently. You see, they were investigating suspected waste leakage from a long-defunct gold mine, when one or more EPA employees accidentally released 3 million gallons of mining waste to flow into the Animas River. This river flows not only through the state of Colorado, where the mine is located, but also through downriver states such as Utah and New Mexico. Large portions of the country will be subjected to adverse consequences because of the EPA mistake that sent toxins such as lead, arsenic, cadmium, and copper flowing into a river that serves as a water source for millions of people and animals.


Make no mistake, if a private individual or company had done this, somebody would be paying a ton of money, as well as possibly going to jail. But as far as I can determine at this point, none of the involved EPA employees have been fired, suspended, or even reprimanded for their actions, that resulted in what could quite likely become the worst incident of environmental contamination of the century.

If the EPA as a whole and the individuals responsible for this are not punished by law, as would be a private individual or company who had done something like this, then it becomes clear our government is lawless and without practical limitations on its power. I mean that literally. If a government agency can violate the law, as they did by dumping three million gallons of toxic mining waste into a navigable river, and suffer no legal repercussions, then they are above the law entirely. And when government and the employees thereof are above the law, that nation is pointed down the bumpy road to tyranny.

I have long argued that those in government must be held responsible for their actions, and this case is no exception. That they did it by accident would be no defense for a private company, so it can be no defense for the EPA itself. Punishment MUST be meted out to those responsible, or we should abandon our fantasies of "equal protection under the law" and being a nation of laws that apply to all.

As some have already noted, this incident raises serious doubts about the EPA's competence, and possibly action should be taken to rein in their growing power over environmental issues. It is clear that they are not the omnipotent, infallible agency of semi-deific beings they've long acted like, and it is past time to stop acceding to their every whim and proclamation of environmental purity. Specifically, we need to make sure that their new rule giving the EPA power and control over almost every puddle of water in the country is never implemented and put into practice. God forbid they do something like this to every river and lake in the country...

These considerations are important, but in my mind they are secondary to the ramifications if legal action is not brought against the EPA and its employees to punish them for this massive disaster. They would not forgive mistakes made by a private party, and this nation cannot afford to ignore the mistakes made by our own government. We MUST insist that legal action is taken, and that none of those involved ever have the chance to do it again in the future. The consequences for the EPA and those individuals involved SHOULD BE great, given the huge negative impact their actions have had on the Animas River and the people and animals that live anywhere near its banks.

The impulse for our government will be to say it was an accident, promise it won't happen again, and then move on. This MUST NOT HAPPEN. If our government is not held responsible for its actions, then those actions will become more and more egregious, growing more so with the understanding that there are no consequences for bad actions. Yes, I understand this was an accident, but this makes no difference... certainly, the EPA wouldn't accept such an excuse from a private party who did this, and we shouldn't accept the feeble excuse from them.

So, my message to our government is simple. Punish the EPA and the employees involved in the Animas river incident. To do otherwise is to establish a protected class who can commit crimes whenever the whim strikes them, secure in the knowledge that they will not be punished, because government actions cannot have legal consequences. Restore my faith in government and treat those responsible for the spill as the law says they should be treated.

UPDATE Aug 11, 2:45 PM:
According to this article, not only will the EPA not be fined ("Sovereign immunity. The government doesn’t fine itself."), but it will likely be rewarded with an increase in budget! You see, they WILL be required to supervise the cleanup and pay compensation for the damages they caused... which they don't have the money for in their budget. So Congress will have to authorize additional spending. Isn't that the beauty of being the government? If you screw up, that's a reason for taxpayers to give you more money! Still no word if the individuals responsible for the accident will be disciplined in any way... don't hold your breath.
http://www.washingtontimes.com/news/2015/aug/11/epa-wont-face-fines-polluting-rivers-orange-muck/




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