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INTRODUCTION <br />In its Complaint in this matter, Case No. 2011CV170, Cotter Corporation (N.S.L.) <br />( "Cotter ") asks the Court to set aside the Mined Land Reclamation Board's ( "Board ") order <br />dated December 8, 2010 ( "December 2010 Order ") issued after a hearing held on November 17- <br />18, 2010 ( "Hearing "). The December 2010 Order found Cotter had violated the Board's prior <br />order dated August 11, 2010 ( "August 2010 Order ") in which the Board determined that Cotter <br />had violated the Mined Land Reclamation Act, Colo. Rev. Stat. §§ 34 -32 -101 to -127 ( "Act "), in <br />connection with the Schwartzwalder Mine in Jefferson County, Colorado. The December 2010 <br />Order imposed a cease and desist order against Cotter and also assessed significant civil <br />penalties. <br />In its Opening Brief, Cotter established that the December 2010 Order must be set aside <br />on several grounds: <br />• The Board lacked authority to impose either civil penalties or a cease and desist order <br />based on an alleged violation of a prior order; <br />• The imposition of civil penalties against Cotter under these circumstances would <br />violate basic principles secured under the Colorado Constitution; <br />1 This was the case number assigned to the instant case before the Court ordered <br />consolidation with Case Number 2010CV7609. <br />2 Pursuant to an Order Granting Unopposed Motion to Allow Deposit of Funds with <br />Registry of Court, Cotter has deposited $94,000 into the Registry of the Court (Order Granting <br />Unopposed Motion to Allow Deposit of Funds with Registry of Court, issued Feb. 7, 2011). <br />1 <br />