Laserfiche WebLink
ARGUMENT <br />I. THE BOARD EXCEEDED ITS STATUTORY AUTHORITY BY APPROVING THE <br />INCOMPLETE APPLICATION IN VIOLATION OF BOTH STATE LAW AND THE <br />BOARD'S OWN RULES. <br />A reviewing court "shall hold unlawful and set aside" <br />agency action where it finds that such action is arbitrary or <br />capricious, contrary to constitutional right, in excess of <br />statutory jurisdiction or authority, or an abuse or clearly <br />unwarranted exercise of discretion. C.R.S. § 24-4-106(7) (1988 <br />Repl. Vol.).2 For the reasons described below, the Board's <br />approval of Battle Mountain's Application is unlawful ,and should <br />therefore be set aside. <br />The requirements for permit applications for regular <br />operations such as Battle Mountain's Project are set f~~rth in <br />Rule 2 of the MLRD. MLRD rules require an operator to provide <br />all the information required by the Mined Land Reclamation Act <br />("Act") and the rules promulgated thereunder. <br />(MLRD Rule 1.10.4.; 2 C.C.R. 407-1.) Colorado statutes and MLRD <br />rules require an operator to submit a complete applica+rion before <br />approval can be obtained. Pursuant to C.R.S. 5 34-32-:'.15 (1984 <br />Repl. Vol.), "[t]he board shall grant the permit to an operator <br />if the application complies with the requirements of tk~is article <br />2 Copies of all statutes and MLRD rules cited in this Brief are <br />attached in the Appendix. <br />-4- <br />