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Fax:3038663558 Jan 20 '99 12:49 P.06 <br /> o1./19/99 16:33 FAX 3037962777 BURNS FIGA & WILL t]QU4/bfl <br /> I- FEDERt1►i.AND STATE LAW PREEMPT PITY-IN <br /> COUNTy'S ABnjTy To REGULATE RECLAMMATION ACTIVITIES <br /> In its Motion for Leave to File and Serve a Supplemental Pleading and its Azswmr, Pitkin <br /> County takes the position that it should become involved in the mechanics of the reclamation process <br /> under%ay is Coal Basin. While Pikin County has the police power to regulate land uses,it may not <br /> regulate the specific reclamation techniques that may or may not be used in Coal Basin, <br /> A. The statutes and case law probibit Pitkin County from regutatinm reclamation. <br /> The Coal Basin reclamation i. governed by the Colorado Surface Coal Mfriing Reclamation <br /> Act, C.R.S. § 34-33-101,et seq. (See.C.R.S.34-33-121.) Colorado passed that statute in 1979 as <br /> a response to federal legislation known as the Surface Mining Control and Reclamation Act of 1977, <br /> 30 U.S.C. § 1201,etseq-,which required states to comply with provisions set forth in that federal <br /> statute. <br /> ` CXLS. §34-33-109(4)sets forth the Stare of Colorado's intention to PrecmPt local rogulation <br /> of cost mining reclamation. That section states,"No govcmtmental office of the state,other than the <br /> board or office, nor any political subdivision of the state shall have the authority to -require <br /> reclamation of lands affected or proposed to be affected by surfiace coal raining operations." <br /> In Caaforraa Coastal Conunissiork v Granite Rock Co_,480 U.S. 572(1987} U.S. Supreme <br /> explained that state law can be preempted in two different vmys: <br /> I. Where congress evidences an intent to occupy a given field, any state law falung <br /> within that field is preempted; or <br /> 2. if federal l4ilation ktas not entirely displaced state regulation.,state law is still pre- <br /> empted if it acrually corj.icts with federal law. 490 U.S. 581. <br /> 3 <br />