No. 07SC497.

199 P.3d 718 (2009)

COLORADO MINING ASSOCIATION, Petitioner v. BOARD OF COUNTY COMMISSIONERS OF SUMMIT COUNTY, Respondent and Alliance for Responsible Mining and Blue River Group of the Sierra Club, Intervenors-Respondents.

Supreme Court of Colorado, En Banc.

January 12, 2009.

Attorney(s) appearing for the Case

Moye White, LLP, Paul M. Seby, Matthew A. Morr, Denver, Colorado, Attorneys for Petitioner.

Berg Hill Greenleaf & Ruscitti, LLP, Josh A. Marks, Heidi C. Potter, Boulder, Colorado, County Attorney, Summit County, Jeffrey L. Huntley, Breckenridge, Colorado, Attorneys for Respondent.

Western Mining Action Project, Jeffrey C. Parsons, Roger Flynn, Lyons, Colorado, Attorneys for Intervenors-Respondents.

Ryley Carlock & Applewhite, Brian M. Nazarenus, Mark T. Valentine, Denver, Colorado, Attorneys for Amicus Curiae Climax Molybdenum Company.

John W. Suthers, Attorney General, Cheryl A. Linden, First Assistant Attorney General, Daniel D. Domenico, Solicitor General, Denver, Colorado, Attorneys for Amici Curiae Colorado Mined Land Reclamation Board and Division of Reclamation, Mining and Safety.

Greenberg Traurig, LLP, Douglas H. Benevento, Christopher J. Neumann, Larry G. Hudson, Jr., Denver, Colorado, Attorneys for Amicus Curiae Colorado Association of Commerce and Industry.

Bruce T. Barker, County Attorney, Weld County, Greeley, Colorado, Attorneys for Amicus Curiae Colorado Counties, Inc.

Justice HOBBS delivered the Opinion of the Court.

We granted certiorari in Colorado Mining Association v. Board of County Commissioners of Summit County, 170 P.3d 749 (Colo. App.2007), to determine whether Colorado's Mined Land Reclamation Act ("the MLRA") preempts an ordinance Summit County adopted, invoking its statutorily-delegated land use authority. Summit County banned the use of toxic or acidic chemicals, such as cyanide...

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