Here's a look at today's Colorado Supreme Court hearing on Summit County's cyanide heap leaching ban, from The Valley Courier. They write:
The case revolves around a 2004 lawsuit by the Colorado Mining Association against Summit County regarding that county's open pit cyanide mining ban but its outcome could affect similar bans in effect in Conejos and Costilla Counties as well as future actions regarding mining proposals in the Valley. The Colorado Mining Association will argue before the state supreme court today that the state government should have sole authority over the placement of open-pit cyanide gold mines while Summit County legal counsel will argue that local governments should retain that control. The Colorado Court of Appeals earlier sided with the county, and the mining association chose to take the matter one step further to the state supreme court. Jeff Parsons, senior attorney with Western Mining Action Project, said throughout the West and in Colorado the courts have generally upheld counties' local control, "and that's what we hope to affirm and preserve here in Colorado." If the Colorado Supreme Court rules in favor of the Colorado Mining Association, the decision would overturn decades of solid precedence favoring local control, Parsons said. He said, "This is a precedent-setting case. This case will likely determine the extent of local government land use authority over mining operations in the state." He added that a win by the Colorado Mining Association in this case would affect all mining throughout the state, not just cyanide mining. "An adverse decision in this case could strip local government of authority over all mining in the state."
[San Luis Valley resident Dr. Colin Henderson] explained that Costilla, Conejos, Gunnison, Gilpin and Summit Counties enacted prohibitions to open pit cyanide gold mining to protect their water and other natural resources from the kind of damages already brought on by such San Luis Valley mines as Summitville and Battle Mountain Gold. Conejos County Commissioner John Sandoval pointed to the negative downstream effects from the Summitville mine. "It has done so much to harm our local ecosystem, our wild rivers, the reservoirs in the area." He added, "It's killed fish for miles and miles and miles." He said, "All that water that is coming down from there is being used to irrigate the Valley floor. That raises concerns for the safety of the crops grown with that water and the livestock and humans watered from that source, he said. Sandoval said the water contamination has not been entirely repaired although millions of dollars have been spent to do so, but it is better...
Gary Lindstrom, who was a Summit County commissioner at the time of the open pit cyanide ban and subsequent lawsuit, said Summit County has a huge mining history and has never been opposed to mining but does not want mining that will destroy the environment that draws visitors to Summit County. "The best government is local government," he added. "The further government gets away from the people, the less effective government is."
More coverage from The Summit Daily News. From the article:
A local ban on cyanide heap-leach mining will take center stage at the Colorado Supreme Court Tuesday. The seven-judge panel will listen to oral arguments in a case that has been wending through the courts since 2005. The case is set to be heard at 9 a.m. Mining companies can profitably glean gold by drizzling a diluted cyanide solution over piles low-grade ore, but cyanide is toxic to humans and dangerous to wildlife, especially aquatic species. Summit County wants to prohibit the process because of its environmental pitfalls. Backers of the ban say the open-pit process is too risky, with the potential for pollution to reach streams and lakes. The mining industry claims it can minimize risks by using the latest containment technology. A ruling isn't expected for a few months, said Summit County attorney Jeff Huntley. The case is being closely watched statewide for its potentially far-reaching effects. Colorado Counties Inc. filed a brief in support of Summit County's ban. Other counties could pass similar rules if the Supreme Court validates Summit County's regulations.
The mining industry claims the county rules encroach on state authority.
"We're trying to uphold state law against an effort to balkanize the regulation of mining," said Colorado Mining Association president Stuart
Sanderson. The Summit County prohibition would impose a pre-emptive ban on a practice that is lawful and fully regulated by the state, he said...
Summit County enacted the ban in 2004 as part of a wider mining regulation update. The Colorado Mining Association won its initial challenge to the regulations in Summit County District Court in 2005, arguing that state law adequately regulates mining. The Colorado Court of Appeals overturned that decision in 2007, upholding Summit County's ban. The appeals court ruling pointed out that a 1993 amendment to state mining laws specifically requires mining operators to "comply with city, town, county, or city and county land use regulations." The mining industry argued that counties can't ban activities in which the state has a compelling interest, but the appeals court said Summit County's regulations fall "far short" of a complete ban...
Parsons said state lawmakers are also watching the issue carefully. The Colorado Legislature considered a law last year that would spell out local control over mining practices. But when the Supreme Court decided to hear the Summit County case, the proposed law was put on hold. "They wanted to wait for the ruling," Parsons said. Parsons said he anticipates a "fierce reaction" from lawmakers if the Summit County regulations are overturned. "It's a water protection and a local economy issue," Parsons said, explaining that tourism-reliant counties like Summit can't afford the pollution risks associated with cyanide heap-leach mining...
Sanderson said the local regs are a threat to mining in general and a possible first step to more restrictions. Sanderson said his group's challenge to the cyanide ban was not aimed at questioning Summit County's land use authority, but narrowly at the ban itself. Parsons said several small gold mines have started up operations since the Summit County ban was adopted, showing that the rules don't aim to block mining in general.
The mining industry touts modern safeguards against mining accidents, but
environmental activists insist that cyanide heap leach mining remains very
risky. As recently as July 2007, a big rainstorm in Costa Rica led to
concerns about potential water pollution at a cyanide heap-leach operation
run by a Canadian mining company. Mudslides resulted in damage to the
heap-leach pads used to contain ore on the site.
More Coyote Gulch coverage here, here and here.
"colorado water"
5:53:59 AM 
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