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December 16, 2020
Advocates for citizens, the Citizens for Constitutional Integrity and Southwest Advocates, filed a lawsuit on Tuesday in the District of Colorado alleging that the United States and other government agencies and directors should have done more to protect individuals from pollution originating at the King II Mine in southwestern Colorado.
The parties claimed that the Office of Surface Mining Reclamation and Enforcement (OSMRE) violated the Constitution when they implemented a rule which purportedly did not ensure that the mine would not have an effect on well water, wildlife, and the neighboring La Plata River. Specifically, they accused the defendants of violating equal protection, due process, and separation of powers by using a two-tiered voting threshold when passing the law, under the “unconstitutional Congressional Review Act.”