Opponents of a massive in-situ uranium mining operation in rural Weld County are hailing a Denver District Court decision that upheld mining regulations they say protects groundwater and the public’s right to comment on mining projects.
Denver District Judge Christina Habas Friday rejected a lawsuit by Powertech, a Canadian-based uranium prospecting company proposing the 7,000- acre Centennial project near Nunn.
The lawsuit challenged a list of rules governing the reclamation of mined land and the requirement of public and private comment during the permitting process.
Powertech sued the state’s Colorado Mined Land Reclamation Board, claiming the rules were
“arbitrary and capricious.”
Habas ruled Powertech’s allegations were baseless.
“This is a victory for clean water and public involvement,” said Western Mining Action Project lawyer Jeff Parsons, who represented local communities that joined with the state to opposed the Powertech suit.
Parsons noted this is the second time in recent months the uranium mining industry has lost Colorado lawsuits aimed at weakening groundwater protections.
In April, Denver District Court Chief Judge Robert Hyatt rejected Cotter Corporation’s effort to fight cleanup orders at its Schwartzwalder Mine, which contaminated Denver Water supplies on Ralston Creek near Golden.
“The Colorado uranium mining industry is wrong to keep fighting water quality protections and better public involvement,” Parsons said.
Powertech proposes to pump water into the ground at its Centennial operation, loosening embedded uranium and then pumping the fluids back to bring uranium to the surface.
Powertech and other mining companies say the in-situ process is safe and environmentally sound. But critics — including residents near Nunn — say in-situ operations contaminate ground water.
Powertech is disappointed in the judge’s ruling, said company attorney John Fognani said. The rules are far outside of the board’s powers, he said.
“In addition, we are disappointed we didn’t have an opportunity to argue the decision before the judge,” said Fognani, noting Habas made her ruling on her final day as district judge.
Powertech may appeal the ruling, he said,
The company, meanwhile, is postponing its work on the Centennial project as it concentrates operations in South Dakota.
Monte Whaley: 720-929-0907, mwhaley@denverpost.com or
