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University of Colorado Law School

Mining law

University of Colorado Law Review

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The Fight To Save Red Lady: Does The 1872 Mining Law Impliedly Preclude Review Of Patent Protest Determinations, Michelle Albert Jan 2008

The Fight To Save Red Lady: Does The 1872 Mining Law Impliedly Preclude Review Of Patent Protest Determinations, Michelle Albert

University of Colorado Law Review

For over thirty years, residents and the local government of Crested Butte, Colorado have been fighting to keep a molybdenum mine out of their backyard. In 2004, the High Country Citizens Alliance, the town of Crested Butte, and the Board of County Commissioners filed an administrative protest challenging several applications to patent mineral land on nearby Mt. Emmons. The Bureau of Land Management denied their protest and issued nine mineral patents. The issuance of these patents increased the likelihood of a molybdenum mine on Mt. Emmons. The unsuccessful protestors appealed the BLM's decision in federal district court. In High Country …