Appeals court upholds Colorado county cyanide ban on new gold mines

In a 2-1 ruling, the Colorado Court of Appeals Thursday reinstated Summit County’s ban on new open pit cyanide leach gold mines.

RENO, NV - 

The Colorado Mining Association sued the county commissioners of Summit County in March 2004 claiming state law pre-empted the county's regulations banning new cyanide heap leach mining operations.

Both the CMA and Colorado Mined Land Reclamation Board have asserted that Summit County exceeded its statutory authority when it adopted new performance standards for cyanide because state regulations allow the use of cyanide in gold mining processes. They argue that the Colorado State Department of Resources has supremacy in mining regulation and permitting.

However, the appeals court ruled that the Colorado Mined Land Reclamation Act "specifically requires that mining operators comply with zoning and land use regulations adopted by political subdivision, such as those adopted by the county here."

Western Mining Action Project attorney Jeff Parsons told the Rocky Mountain News, This decision confirms local control to protect local economies and water quality from the serious threats repeatedly posed by open-pit gold mining."

Five Colorado counties, including Summit, have enacted similar land use regulations against new mining projects using cyanide heap processes.

It is anticipated that the appeals court decision will be further appealed to the Colorado Supreme Court.

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