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Court of Appeals overturns gold mining decision

Published March 22, 2007 at midnight

The Colorado Court of Appeals has reinstated Summit County's ban on new open pit cyanide leach gold mines by reversing a ruling by the Summit County District Court.

The 2-1 ruling states that the Colorado Mined Land Reclamation Act "specifically requires that mining operators comply with zoning and land use regulations adopted by political subdivisions, such as those adopted by the county here."

Environmentalists hailed the decision.

"This decision confirms local control to protect local economies and water quality from the serious threats repeatedly posed by open-pit cyanide leach gold mining," said Jeff Parsons, attorney with the Lyons-based Western Mining Action Project, who represented the Alliance for Responsible Mining and the Blue River Group of the Sierra Club in appealing the case, with the Summit County government.

"Summit County residents ought to be proud of their elected leaders in standing up to protect the environment and quality of life in Summit County," he said.

Five Colorado counties, Summit, Gunnison, Conejos, Costilla, and Gilpin, have passed similar land use regulations but the Colorado Mining Association sued Summit County arguing that sole authority in placement of an open-pit cyanide gold mine lies with the state Department of Natural Resources.

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