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DISTRICT COURT, DENVER COUNTY, COLORADO <br /> 1437 Bannock Street, Room 256 <br /> Denver, Colorado 80202 DA E FILED: October 7, 2022 5:24 PM <br /> FILING ID: 4F36F00EEFBAI <br /> Petitioners: CA E NUMBER: 2022CV32904 <br /> ROCKY FLATS ENVIRONMENTAL SOLUTIONS, <br /> LLC, DAVID EMSLIE, and PAUL DANIO. <br /> V. <br /> Respondents: <br /> ♦ COURT USE ONLY <br /> COLORADO DIVISION OF RECLAMATION, MINING <br /> AND SAFETY and COLORADO MINED LAND <br /> RECLAMATION BOARD. <br /> Attorney for Plaintiffs <br /> Mark S. Barron, #46924 Case Number: <br /> Alexander K. Obrecht, # 46937 <br /> BAKER& HOSTETLER LLP <br /> 1801 California Street, Suite 4400 <br /> Denver, Colorado 80202 <br /> Telephone: 303.861.0600 Div: <br /> Facsimile: 303.861.7805 <br /> mbarron@bakerlaw.com <br /> aobrecht@bakerlaw.com <br /> Attorneys for Rocky Flats Environmental Solutions, David <br /> Emslie, and Paul Danio <br /> PETITION FOR JUDICIAL REVIEW OF AGENCY ACTION <br /> Petitioners Rocky Flats Environmental Solutions, David Emslie, and Paul Danio <br /> (collectively, "RFES") submit respectfully this petition for review of agency action under Colo. <br /> Rev. Stat. § 24-4-106. By order dated September 1,2022,the Mined Land Reclamation Board(the <br /> "Board") ordered RFES to: (i) cease and desist RFES' non-mining activity on privately owned <br /> facilities in Jefferson County, Colorado; (ii) apply for a reclamation permit inapplicable to RFES' <br /> commercial activities; and (iii)post a bond intended to cover reclamation costs of lands which are <br /> not subject to mining. See Attach. A, Findings of Fact, Conclusions of Law, and Order (Sept. 1, <br /> 2022) (the "Order"). Purportedly based on evidence presented at a Board meeting conducted on <br /> August 17, 2022,the Board concluded that RFES was in violation of Colo. Rev. Stat. § 34-32-109 <br /> "for failure to obtain a reclamation permit prior to engaging in a new Mining Operation." <br /> The Board's Order must be rejected on both administrative and substantive law grounds. <br />