A mining company claims the federal government is to blame for selenium pollution from four Idaho mines, which Uncle Sam permitted to fill valleys with mining waste. Nu-West Mining says the government withheld information about the problem, then provided inept cleanup supervision and refuses to pay Nu-West the $10 million it has spent on environmental remediation.

The Forest Service, U.S. Geological Service and Bureau of Land Management refused to accept plans for phosphate mining at four public land sites near Soda Springs, so mining companies were forced to accept the federal plan to dump shale waste into valleys over streams and on other surface areas, according to the complaint.

Phosphate deposits in this region are typically found on either side of a rock layer with high selenium content.

Though large quantities can be toxic, selenium is an essential micronutrient for animals in small doses. The government directed mine operators to stockpile the waste shale and dump it on the ground because it promoted revegetation of the sites, the lawsuit claims.

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