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GENERAL51106
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Last modified
8/24/2016 8:37:31 PM
Creation date
11/23/2007 6:31:55 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977310
IBM Index Class Name
General Documents
Doc Date
6/6/2006
Doc Name
Motion to Intervene in Final Determination of Desginating Mining Operation Status
From
Energy Minerals Law Center
To
DMG
Permit Index Doc Type
DMO
Media Type
D
Archive
No
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The Mined Land Reclamation Act ("MLRA") sets forth that: <br />Any person aggrieved by any final action of the office may file an appeal of such action <br />with the boazd. Such appeals shall be conducted in accordance with the provisions of <br />article 4 of title 24, C.R.S. <br />C.R.S. § 34-32-107(2). The Colorado Administrative Procedures Act ("CAPA") sets forth a <br />broad standard for participation in these agency proceedings: <br />A person who may be affected or aggrieved by agency action shall be admitted as a party <br />to the proceeding upon his filing with the agency a written request therefor, setting forth a <br />brief and plain statement of the facts which entitle him to be admitted and the matters <br />which he claims should be decided. [...] <br />C.R.S. § 24-4-105(2)(c). Colorado courts recognize that any person who has been "affected or <br />aggrieved" and has filed a written request is entitled to participate in a MLRB proceeding. New <br />Jersev Zinc Co., Div. of Gulf & Western Industries, Inc. v. Colorado Mined Land Reclamation <br />Bd., 738 P.2d 51, 54 (Colo. Ct. App. 1987)("Any person who maybe affected or aggrieved by <br />agency action must be admitted as a party upon its request, or it may be admitted as a party for <br />any limited purpose.") <br />Thus, Intervenors meet both prongs -Intervenors "maybe affected or aggrieved" by the agency <br />action and have submitted a "written request" -- and are entitled to participate as full parties. <br />The inquiry into intervention need go no further and may be granted on the basis that a written <br />request has been submitted and the potential reversal of the DMO findings would affect or <br />aggrieve Intervenors' interest in the lawful application of the MLRA to these mines. <br />Granting the present intervention request is mandated by the broad participation requirements of <br />the CAPA as incorporated into the MLRA and is consistent with the intent and purpose of Rules <br />themselves. The 1994 Statement of Basis and Purpose for the MLRB Rules state that the Rule <br />7.2.1(4) allows "any person that does not agree with the Office's determination (of DMO status) <br />to appeal the decision to the Board." Statement of Basis Specific Statutory Authority and <br />Purpose, April 13, 1994 at 32. Further, Hazd Rock/Metal Mining (HRMM) Rule 7.2.2, and other <br />rules regarding DMO designation "are intended to give all persons proper notice and due process <br />..." Id. <br />The MLRB rules must be interpreted consistent with the broad "affected or aggrieved" standazds <br />in the CAPA and cannot be narrowed by interpreting the rules to create vague restrictions or <br />unfettered discretion to deny an intervention request. New Jersey Zinc Co., Div. of Gulf & <br />Western Industries, Inc. v. Colorado Mined Land Reclamation Bd., 738 P.2d 51, 54 (Colo. Ct. <br />App. 1987). In other words, the Rules cannot be interpreted or applied to frustrate or defeat the <br />principle of broad participation in agency decisionmaking. <br />
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