September 8, 2008
Berg Hill partner, Josh Marks, participated in oral argument before the Colorado Supreme Court on September 9, 2008 in a case involving local land use control and Colorado's Mined Land Reclamation Act. The Colorado Mining Association sued Summit County over its ban of a cyanide heap leach mining technique in 2004, citing the risk of water pollution and other environmental concerns. The Colorado Mining Association argued that the state government should have the sole authority over the placement of open-pit cyanide gold mines, while Josh Marks, representing Summit County, argued that local governments should retain control. After the ban's enactment, the mining association successfully overturned the ban in district court, but the Colorado Court of Appeals later sided with Summit County.
Summit County's ban followed a similar disaster at Summitville Gold Mine, when a 17-mile stretch of the Alamosa River was rendered lifeless after a containment basin failed for a heap-leaching cyanide operation, releasing water tainted with cyanide.
If the Colorado Supreme Court rules in favor of the Colorado Mining Association, the decision would signal a change in how courts interpret the Mined Land Reclamation Act and the scope of local government's land use powers in Colorado. This case could reshape how mining is regulated statewide, especially impacting similar bans in effect in Conejos, Costilla, Gilpin, and Gunnison Counties.
A ruling is expected near the end of 2008.
For more information contact Josh Marks:
303.402.1600
e-mail