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The Board reached factual conclusions entirely detached from, if not directly contrary to,evidence <br /> in the administrative record and reached legal conclusions that cannot be reconciled with the plain <br /> language of controlling statutory law. Because the Board's Order is arbitrary and capricious, <br /> lacking substantial supporting evidence, and contrary to law, this Court should vacate the Order <br /> and declare RFES' operations consistent with Colorado law. <br /> PARTIES <br /> 1. RFES is a Colorado limited liability company with principal offices at 309 South <br /> Summit View Drive, Unit 16, Fort Collins, Colorado 80524. <br /> 2. David Emslie is an individual residing in Fort Collins, Colorado. Emslie is a parry <br /> to this litigation in his official capacity as owner and managing member of RFES. <br /> 3. Paul Danio is an individual residing in Idaho Springs, Colorado. Danio is a party to <br /> this litigation in his official capacity as owner and managing member of RFES. <br /> 4. The Colorado Division of Reclamation,Mining and Safety("DRMS")is an agency <br /> of the State of Colorado. DRMS maintains its offices at 1313 Sherman Street, Room 215, Denver, <br /> Colorado, 80203. <br /> 5. The Colorado Mined Land Reclamation Board is a subcomponent of DRMS. <br /> JURISDICTION AND VENUE <br /> 6. This Court has jurisdiction over this action under Colo. Rev. Stat. § 24-4-106. <br /> 7. Venue in this Court is proper under Colo. Rev. Stat. § 24-4-106(4) and Rule <br /> 98(c)(1) of the Colorado Rules of Civil Procedure because Defendants reside in the City and <br /> County of Denver. <br /> FACTUAL ALLEGATIONS <br /> Rocky Flats Environmental Solutions <br /> 8. RFES is a Colorado-based organization focusing on environmental clean-ups while <br /> supplying vital rare strategic minerals, creating new jobs, and expanding the local tax base. RFES <br /> combines the implementation of clean technology with ethical business practices to achieve these <br /> objectives. Emslie and Danio founded RFES in 2020. <br /> 9. Emslie has more than two decades of experience in various aspects of metallurgy. <br /> Emslie has personally developed numerous sophisticated hydro- and pyro-metallurgical processes <br /> for refining and purification of precious and semi-precious metals, allowing for complete <br /> utilization and refining of industrial materials. <br /> 10. Danio is a graduate of the Colorado School of Mines with a degree in Mining <br /> - 2- <br /> 4884-8560-1078.2 <br />