1995-03-30_GENERAL DOCUMENTS - C1981017

• Permit No: C1981017
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 3/30/1995
• Doc Name: Memo-Mid-Continent Resources, Inc. litigation
• From: Michael Long & Susan McCannon
• To: All Staff
• Permit Index Doc Type: General Correspondence
• Media Type: D
• Archive: No

STATE OF COLOFADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St.,Room 215
Denver,Colorado 80203
Phone.[phone]
FAX-[phone]
DEPARTMENT OF
NATURAL
MEMO R A N D U M RESOURCES
Roy Romer
Governor
James S.Lochhead
TO: ALL STAFF Executive Director
Michael B Long
FROM: Michael B. Long Division Director
Susan McCannon �u
DATE: March 30, 1995
RE: MID-CONTINENT RESOURCES LITIGATION
Earlier this week an Eagle County District judge granted motions to I
dismiss and for summary judgment, effectively dismissing the
Division' s suit against Mid-Continent Resources . The judge issued
this ruling from the bench and will issue a written ruling within
the next several weeks.
This ruling was based on the judge' s acceptance of several of the
defendants' arguments. Those arguments as we currently understand,
included the following:
- The Board Order requiring reclamation had expired and,
therefore, no Board Order exists which can be enforced against
the defendants;
- No danger to public health, safety, and the environment
exists;
- The State has taken over reclamation activities at the site,
therefore it is not appropriate for the defendants to conduct
reclamation activities;
- The Division had previously found that reclamation was being
conducted properly; and
- The State had suffered no "damages" and attempts to
demonstrate liability for "damages" are premature.
The Board has been apprised of this ruling and will be making a
decision about whether to request reconsideration, file a notice of
appeal, or accept this ruling.