Telluride, Ophir and the Sheep Mountain Alliance file final briefs in lawsuit over the permit for the proposed Piñon Ridge uranium mill

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From The Telluride Daily Planet (Katie Klingsporn):

The towns and SMA filed final briefs, known as “reply briefs,” in Denver District Court this week. Barring a request for an exemption from CDPHE or Energy Fuels, these briefs will be the last filed to the court, which will take up the case and may or may not schedule oral arguments. In the reply briefs, the towns and SMA continue to contend that the CDPHE violated federal and state laws and ignored dangers to Colorado’s air and water when it issued the permit to Energy Fuels. Both briefs urge the court to vacate the license and remand the application back to CDPHE, which would force the process to start anew. “The hearing procedure was deficient, it did not comply with either federal law or Colorado law … and therefore the process needs to be reset,” said Telluride Town Attorney Kevin Geiger…

Much of the argument put forth by SMA and the towns hinges on a claim that the CDPHE failed to offer the public an opportunity to request a public hearing — as required under the Atomic Energy Act — after the agency issued its environmental report and draft license on the project. This public hearing, they say, is meant to provide a legal process involving testimony under oath and cross examination, not merely a meeting open to the public. The state and Energy Fuels claim that federal law does not in fact apply to its licensing of the mill, but the towns and SMA contest that assertion.

More nuclear coverage here and here.

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