Appeals Court Affirms Mined Land Reclamation Act Authority

On March 22, 2007, the Colorado Court of Appeals affirmed the authority of the Mined Land Reclamation Act (MLRA) with its decision in Colorado Mining Association v. Board of County Commissioners of Summit County.  The decision struck down a portion of the Summit County Land Use Code because it was in direct conflict with the MLRA. 

The issue in the case centered on whether certain provisions of the Summit County Land Use Code were “reclamation standards” that were preempted, and thus, invalidated by the MLRA.  The court found that section 3812.05(H) in the Summit County Code dealing with performance standards for chemicals and hazardous waste is a reclamation standard and is preempted by the MLRA, but that section 3812.04 which bans cyanide and other reagents in leach applications is not a reclamation standard and is thus not preempted.

MLRA Supreme on Chemical Performance Standards
The chemical performance standards in the Summit County Code are now expressly preempted by the MLRA because the Summit County Code provision attempts to regulate the same reclamation activities as those contemplated by the MLRA.  Also, the Summit County Code set different performance standards than those in the MLRA.  Thus, the MLRA continues to reign supreme in the area of performance standards for chemicals and hazardous waste. 

Authority of MLRA Not In Question Although Summit County Provision Upheld
The court upheld the Summit County Code’s ban on cyanide and other reagents, but the ruling has little effect on the statewide authority and applicability of the MLRA.  Summit County’s ban on cyanide was not a reclamation standard because the ban stops certain types of mining from ever beginning, and takes effect before provisions in the MLRA would come into effect.  Additionally, the MLRA already requires mining operators to comply with applicable city or county land use regulations, and the laws are not in conflict because the Summit County Code did not ban mining outright—rather, it bans instances where cyanide and other toxic or acidic chemicals would be used.

MLRA Still Primary State Authority
With the ruling, the MLRA remains the primary state authority on mining reclamation activities.  The ruling does, however, stress the importance of becoming educated about the applicable city or county codes that may apply to any mining activity.  Mining operators and others regulated under the MLRA should obtain legal counsel to ensure compliance with any restrictions or chemical bans that might apply in different cities or counties. 

This legal update is for informational purposes only as a service to clients and other friends, is not a complete summary of the rules relating to the subject matter discussed above, and is neither to be construed as legal advice nor intended as basis for decisions in specific situations. For more information about this subject matter or other recent developments, please contact the attorneys in our Environmental, Energy and Resources practice group or any other attorney in our firm with whom you normally consult by calling (303) 825-4200.