From The Denver Post (Monte Whaley):
Denver District Judge Christina Habas Friday rejected a lawsuit by Powertech, a Canadian-based uranium prospecting company proposing the 7,000- acre Centennial project near Nunn. The lawsuit challenged a list of rules governing the reclamation of mined land and the requirement of public and private comment during the permitting process. Powertech sued the state’s Colorado Mined Land Reclamation Board, claiming the rules were “arbitrary and capricious.” Habas ruled Powertech’s allegations were baseless…
Powertech is disappointed in the judge’s ruling, said company attorney John Fognani said. The rules are far outside of the board’s powers, he said. “In addition, we are disappointed we didn’t have an opportunity to argue the decision before the judge,” said Fognani, noting Habas made her ruling on her final day as district judge. Powertech may appeal the ruling, he said,
The company, meanwhile, is postponing its work on the Centennial project as it concentrates operations in South Dakota.
From the Denver Business Journal (Cathy Proctor):
The suit, filed Nov. 1, 2011, argued that Colorado’s Mined Land Reclamation Board overreached its authority when it implemented new rules for mining operations in September 2010. The suit targeted rules governing groundwater protection and public involvement in mining permits…
“We are evaluating the decision and deciding whether to appeal,” Fongnani said. “We are disappointed in the decision because it doesn’t comport with the Administrative Procedures Act and the protections meant to be provided by the act to the regulated community as well as the environmental community.”[…]
“The Colorado uranium mining industry is wrong to keep fighting water quality protections and better public involvement,” Jeff Parsons, an attorney with the Western Mining Action Project who represented local communities that intervened in the case to defend the rules, said in a news release. “The people of Colorado have a right to be heard and will not accept mining projects that cannot protect the water.”
From the Associated Press via the Fort Collins Coloradoan:
Powertech attorney John Fognani said Monday the company is disappointed by the judge’s decision.
The company had envisioned having a mine in northern Colorado, where it would pump treated water underground to dissolve uranium and then pump it to the surface. It challenged new state requirements, including that it return the groundwater to its original purity when the process is completed.
Powertech alleged violations of the State Administrative Procedure Act, but a Denver judge on Friday rejected the company’s lawsuit challenging the rules.
From the Fort Collins Coloradoan (Bobby Magill):
“Centennial is still a viable project,” said John Fognani, attorney for Powertech Uranium…
Jay Davis, a mine opponent and Centennial Project neighbor, said the future prospects of uranium mining in Northern Colorado appear to be poor after the lawsuit was dismissed.
The state’s groundwater restoration requirements make it nearly impossible for companies to mine uranium using a process called in situ leaching, said Stuart Sanderson, president of the Colorado Mining Association.
He said that in situ leaching is very similar to the oil and gas industry’s use of hydraulic fracturing.
“It’s kind of ironic that fracking, which is not completely dissimilar technology, is occurring throughout Northern Colorado, and this one small uranium mining company has had to put the project on hold” because of difficulty seeking a mining permit, he said.
More coverage from Collin McRann writing for The Telluride Daily Planet. From the article:
The ruling holds up different rules and regulations put in place by decades of Colorado legislation. According to Parson, some of Colorado’s stricter mining laws have been influenced by studies and reviews of the Summitville Gold Mine and Superfund site in Rio Grande County. The mine went out of business in 1992 leaving masses of heavy metals and acids in soil and water supplies. The mine was listed as a Superfund site in 1994.
The state’s mining rules and requirements also apply to all types of uranium mines in terms of clean-up and contamination prevention.
From the Loveland Reporter-Herald (Jessica Maher):
Opponents of the in-situ technique, including the advocacy group Coloradoans Against Resource Destruction, say it threatens groundwater and would have health, environmental and economic impacts on Northern Colorado.
“The Colorado uranium mining industry is wrong to keep fighting water quality protections and better public involvement,” Jeff Parsons of the Western Mining Action Project said in a statement. “The people of Colorado have a right to be heard and will not accept mining projects that cannot protect the water.”