Active Utah mines with toxic tailings could be affected by a lawsuit announced by the activist group Earthjustice.

The group filed a legal notice with a federal court in Washington, D.C., on Tuesday, saying it intends to sue in 60 days to force the Environmental Protection Agency to force hard-rock mining companies to post a bond to cover future cleanup costs before they can work on public land. In addition, coal waste sites, metal finishers and wood treatment facilities would be affected.

A bond would be intended to ensure that a mining operation was completely cleaned up without cost to the public if the business closed, said Earthjustice spokeswoman Lisa Evans. The nonprofit environmental group is based in Washington, D.C.

If a mine was abandoned without a bond and without a proper cleanup, the EPA could be forced to declare it a Superfund site. While the agency tries to find the responsible parties to pay for the cleanup, much of the expenses could be passed to the taxpayer, according to Earthjustice.

Evans said requiring a bond would give added incentive for companies to control pollution.

A victory in the case would protect Utahns from the effects of a bankruptcy of a mining operation, she said. "The current bonding really is not sufficient," Evans added.

EPA's deputy press secretary, Jessica Emond, said the agency remains committed to holding polluters accountable.

The EPA "will continue to use all available tools to ensure that bankrupt companies remain responsible for their environmental liabilities," she said in an e-mail.

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