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Claims Process and Standard Form 95 for Damage, Injury or Death as a Result of Gold King Mine Release

People who suffer personal injury or property damage from U.S. government actions may make a claim for compensation.

  • Learn about the claims process in EPA's Regulation 40 Part 10; you may need to provide documentation to support your claims.
  • Use Standard Form 95 (PDF)(2 pp, 539 K) to file claims for loss of employment, loss of income, loss or damage to property, or other claims. Please fill out the form as completely as possible.
  • Mail the completed forms to ONE of the following individuals below, or email a signed electronic version to R8_GKM_Claims@epa.gov.

Richard Feldman
Claims Officer
U.S. EPA Office of General Counsel
1200 Pennsylvania Avenue, NW (MC 2399A)
Washington, DC 20460

Michael Nelson
U.S. EPA Region 8 Office of Regional Counsel
1595 Wynkoop Street (MC 8RC)
Denver, CO 80202

To be clear - EPA is not offering immediate reimbursements for damages from the Gold King Mine water and it is not true that if someone submits a claim that by doing so they limit or waive future rights.

EPA’s Federal Tort Claims Act (FTCA) regulation provides that a person may amend their claim form at any time prior to reaching a settlement with EPA, or before the person files a lawsuit under the FTCA.

Although EPA’s regulations state that it has six months to resolve a claim, we will make every effort to respond to Gold King Mine release claims as soon as possible. Claims must be presented to EPA within two years after the claim accrues.

Please note that a completed form must state a claim for money damages in a "sum certain" amount (that is, a specific amount) claimed for personal injury, death, or injury to or loss of property. In addition, if a sum certain is not specified in Standard Form 95 block 12d, or in accompanying information, a submission cannot be considered a valid presentation of a claim.

Standard Form 95 is used to present claims against the United States under the Federal Tort Claims Act (FTCA) for property damage, personal injury, or death allegedly caused by a federal employee's negligence or wrongful act or omission occurring within the scope of the employee's federal employment. Standard Form 95 is not required to present a claim under the FTCA, but it is a convenient format for supplying the information necessary to bring an FTCA claim.

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