Senators Unveil Cda Basin Plan Conservationists Say Craig’s Cleanup Proposal Lets Polluters Off Easy

Idaho’s Republican senators asked their fellow lawmakers Wednesday to help clear up one of the Inland Northwest’s messiest environmental disputes.

Sens. Larry Craig and Dirk Kempthorne introduced legislation designed to end expensive litigation and jump-start cleanup in the Coeur d’Alene basin, which is lined with toxic tailings from a century of mining activity.

But as Craig applied the polish to his new cleanup bill Wednesday, critics were quick to tarnish it.

The bill is worse than the one Craig introduced last year, environmentalists said Wednesday.

“We have the mining companies able to avoid responsibility, the state of Idaho able to avoid any responsibility and the waters of the Coeur d’Alene washing the metals into Washington state,” said Mark Solomon, director of the Inland Empire Public Lands Council.

Craig shot back that his critics are more interested in litigation than cleanup.

“It allows no one to walk away from their liability, but it recognizes that finances are finite,” Craig said of his bill. “You can’t milk a company dry…and destroy the very resource that can clean up the basin.”

While Craig said he hoped his bill would be used as an example for rewriting the nation’s Superfund law to avoid costly lawsuits, Solomon bemoaned the possibility.

“I would say this establishes so many bad precedents for the protection of the environment and public health, that even this Congress couldn’t stomach it,” Solomon said. “But Craig has a leadership position, and I wouldn’t underestimate his ability to be a congressional deal-maker.”

The bill sets up a 14-member commission charged with establishing a cleanup plan for the basin within two years. The commission is the same as the one the Idaho Legislature created last session - at Craig’s request - over the objections of conservationists.

The action plan would include cost estimates for cleanup and assign responsibility for covering costs to the various parties involved in the cleanup, including mining companies.

Mining companies that cooperate would be granted immediate liability release. The new bill also would release the state and governor from liability resulting from the basin cleanup, or lack of cleanup.

Another new addition to the bill is to postpone litigation under federal law for five years after the bill passes, or two years after the governor approves the plan, or until an agreement on the action plan is reached.

The provision would put on hold, and potentially dismiss, the Coeur d’Alene Tribe and federal government’s lawsuit against four mining companies accused of polluting the Coeur d’Alene basin.

“This bill seems to let the polluters off more easily than it should,” said Mike Medberry of the Idaho Conservation League.

Because the governor would have final say in how much each company must contribute, the risk is taxpayers might wind up paying the bulk of the costs, he said.

The bill calls for creation of a trust fund with both private and federal money that would be used for the cleanup. If Craig’s bill passes, the Idaho delegation would have to ask Congress to appropriate money for the trust fund. The bill asks for $1 million up front to finance creation of the plan.

Holly Houston of the Coeur d’Alene Basin Mining Information Office disagreed that the bill was too easy on mining companies.

“Frankly, you have one member representing the mining industry on the commission…who has one vote in how many millions of dollars will be their responsibility,” she said. “That can be kind of scary.”

But, Houston said, the approach is better than the current lawsuit, which essentially places blame for a century of pollution on four companies.

“At least it starts the process of putting money toward cleanup, and that’s good for the public,” she said.

Reps. Helen Chenoweth and Mike Crapo plan to introduce companion legislation in the House. Gov. Phil Batt and Idaho Republican leaders expressed support for Craig’s bill.

“It’s an exciting day,” said state Sen. Gordon Crow, R-Coeur d’Alene, who sponsored the state’s legislation that mirrored Craig’s bill. “We’re hopeful it will go all the way through. Our intention is to affect positive cleanup and maintain a viable economy up there and mining jobs, which are some of the highest paying jobs in the state.”

, DataTimes