S.568 - Gold King Mine Spill Compensation Act of 2025 (119th Congress)
Summary
The Gold King Mine Spill Compensation Act of 2025 (S.568) aims to provide compensation to individuals, organizations, and companies impacted by the 2015 Gold King Mine wastewater spill. The bill defines key terms such as 'BPMD contamination,' 'covered claim,' 'covered damages,' 'Gold King Mine spill,' and 'injured person' to establish eligibility criteria for compensation. It outlines the process for investigating and settling claims, including the applicability of Colorado state law in calculating damages.
Expected Effects
If enacted, this bill will provide a framework for compensating those who suffered damages as a result of the Gold King Mine spill. It establishes a process for the EPA Administrator to investigate, adjust, and settle claims, and it appropriates $3.3 million for this purpose. Claimants must choose between pursuing compensation under this act or through other legal avenues.
Potential Benefits
- Provides direct financial relief to those harmed by the Gold King Mine spill.
- Establishes a clear process for submitting and processing claims.
- Limits compensation to actual compensatory damages, preventing excessive payouts.
- Offers a defined period for which lost business income and agricultural losses can be claimed.
- Allows for judicial review of the Administrator's decisions, ensuring fairness.
Potential Disadvantages
- The $3.3 million appropriation may be insufficient to cover all legitimate claims.
- The exclusion of emotional distress damages may leave some victims feeling inadequately compensated.
- The requirement to choose between this compensation and other legal avenues may disadvantage some claimants.
- The limited time frame for covered damages (August 5, 2015 - December 31, 2015) may exclude some long-term impacts.
- The exclusion of lost business income from vacation rentals may disproportionately affect certain businesses.
Constitutional Alignment
The bill appears to align with the General Welfare Clause of the Constitution, as it seeks to provide relief to citizens harmed by a government-related incident. The appropriation of funds is within Congress's power under Article I, Section 8, which grants the power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States. The bill also respects due process by allowing for judicial review of the Administrator's decisions.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).