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Asked why DERM never required the rock miners to account for the benzene that was likely coming from their property, Espinosa said, "If we were going to sit there and argue with the rock miners and their lawyers ... [when] there really wasn't data that you could point to as a smoking gun, what do you do? If we determine that it is the rock miners, then we will go and recover the cost."
With the investigation officially concluded, though, that doesn't seem likely.
Espinosa is undoubtedly right about one thing: Crossing the rock miners, and their lawyers, is no simple task. The mining companies immediately appealed Hoeveler's decision, and the matter is still in litigation. Meanwhile, they've already applied for permits to resume blasting.