DENVER - A Summit County 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.
"It's the mining industry that's trying to change a long-standing state law and usurp local authority," said attorney Jeff Parsons, representing several conservation groups that have joined Summit County in the court battle.
Full Story: http://www.aspentimes.com/article/20080908/NEWS/80908
9938/-1/MOUNTAIN&parentprofile=-1