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CERCLA was enacted by Congress in 1980 and gives authority to the Environmental Protection Agency (EPA) to initiate investigations and cleanup and to take enforcement action against parties responsible for the leaking of hazardous wastes, pollutants, or contaminants into the environment.
In the case of the Gold King Mine, the EPA and Congress will have to pay for mitigation, repairs, and settlementsâwhich is another way of saying every U.S. taxpayer will pay for it. Thatâs a good start, but oversight and investigation into what happened and why more importantly needs to come from outside the EPA. The EPA must be held responsible for its actions, carrying the full responsibility by paying for costs and damages out of its own budget. Decisions about how to move forward should ultimately be given to the states impacted.