Thursday, August 13, 2015

First lawyer wins


Get to the rubes with the forms for their signature first and your side has the best chance of winning. But in the aftermath of the Gold King Mine spill, the Navajo Nation leaders have said "Hold on there Kemo Sabe".
Navajo Nation President Russell Begaye has ordered the Environmental Protection Agency to stop handing out forms to Navajo citizens impacted by the Animas River spill that would effectively waive an individual’s rights to sue the agency for any future damages caused by contaminated water released from an abandoned mine upstream in Colorado last week.

“The people that live up and down the river, the Navajo people, many do not speak English, and those that do may not comprehend legal language,” Begaye said.

Around 3 million gallons of toxic wastewater spilled into the Animas River from an abandoned gold mine in southern Colorado last week after an accident caused by the EPA. The agency says the water contains lead, arsenic, cadmium and other heavy metals, but has still not disclosed what impact the spill will have on river users downstream, like those in the Navajo Nation. However, Begaye says officials are already trying to preempt future lawsuits by taking advantage of Navajo citizens.

“My interpretation as president of the Navajo Nation is the EPA is trying to minimize the amount of compensation that the people deserve,” said Begaye. “They want to close these cases and they don’t want more compensation to come later.”

The EPA did not return requests for comment.

Claims for damage, death or injury caused by a federal employee’s negligence are covered under Standard Form 95, but the form also states that any payments made are final.

“They’re saying if we pay you $500 for buying hay for your cattle, and you sign your name here, that’s all you’re going to get,” said Begaye. “Next week if you find something else that comes up because of the contamination and maybe your livestock may be injured, then we can’t pay you because you waived your right.”
Once again the Great White Father comes in with a grin and a paper to sign. Fortunately there are some who know what to do about it this time.

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