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1999-02-09_GENERAL DOCUMENTS - C1981017 (3)
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1999-02-09_GENERAL DOCUMENTS - C1981017 (3)
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Last modified
3/15/2021 5:06:15 PM
Creation date
5/3/2012 9:34:22 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981017
IBM Index Class Name
GENERAL DOCUMENTS
Doc Date
2/9/1999
Doc Name
Response to motion to strike
From
US District Court
To
Mid-Continent Resources, Inc. & DMG
Permit Index Doc Type
General Correspondence
Media Type
D
Archive
No
Tags
DRMS Re-OCR
Description:
Signifies Re-OCR Process Performed
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state interest. Under such circumstances, local regulations may be partially or totally <br /> preempted to the extent that they conflict with the achievement of the state interest. <br /> Bowen/Edwards, is ipra. <br /> The Colorado Surface Coal Mining Reclamation Act ("Coal Act") provides that the <br /> Division and the Mined Land Reclamation Board have the full power and authority to carry <br /> -out and administer the provisions of the act, and that they have jurisdiction and authority over <br /> all persons and property, public and private, necessary to enforce the provisions of the act. <br /> Section 34-33-104 and 105, C.R.S. <br /> In addition, the General Assembly has specifically stated that "No governmental <br /> office of the state, other than the board or [Division], nor any political subdivision of the state <br /> shall have the authority to require reclamation of lands affected or proposed to be affected by <br /> surface coal mining operations." Section 34-33-109(4), C.R.S. <br /> By this latter statutory section, the General Assembly has provided an express <br /> preemption prohibiting any other state or local governmental agency from requiring <br /> reclamation of lands affected by coal mining operations. There appears to be no dispute <br /> about this fact from any party in this case. <br /> However, this preemption regarding reclamation requirements does not mean Pitkin <br /> County's land use authority is preempted. Rather, the Coal Act preempts only the authoritv <br /> of the county to set reclamation requirements; it does not prohibit local regulation by permit <br /> of all aspects of land use for surface coal mining. See ems., sections 34-33-111(1)(c) and (h), <br /> and 34-33-120 (2)(b), C.R.S.; see also Colorado State Bd. of Land Com'rs v. Mined Land <br /> Reclamation Bd., 809 P.2d 974 (Colo. 1991); C & M Sand & Gravel, Div. of C & N1 Ready <br /> Mix Concrete Co of Boulder v Board of County Com'rs of Boulder County, Colo., 673 P.2d <br /> 1013 (Colo. App. 1983). <br /> Here, in its response to the Motion to Strike, Pitkin County has asserted that it has <br /> land use authority regarding the post-mining land use in connection with the demolition of <br /> buildings and structures at the site. As stated above, Mid-Continent Resources does not <br /> 5 <br />
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