Adams County Board of Commissioners Issues Statement

Colorado Supreme Court Declares Local Control Victory

The Adams County Board of Commissioners is pleased with the Colorado Supreme Court opinion issued on Oct. 13, 2009 to give standing to Adams County to challenge permits or licenses issued by the Colorado Department of Health and Environment.

“This opinion is a clear victory for Adams County and the other 63 counties in the State of Colorado,” said Board Chairman Larry W. Pace. “It is affirming to have the highest court in the state agree with our position that the state health department is powerless to issue a radioactive materials license without first seeking our approval through the Certificate of Designation process.”

The Colorado Supreme Court held that it was improper for the Colorado Department of Health and Environment to issue a radioactive materials license for the hazardous waste facility, Clean Harbors Deer Trail, LLC., reversing the decisions of the Adams County District Court, the Denver District Court and the Court of Appeals. The state Supreme Court opined that Adams County has standing to challenge the state’s action to usurp local control. In its ruling, the court maintained that Adams County has a “statutory separate power to issue or to refuse to issue a Certificate of Designation.”

Despite the county’s prohibition against radioactive waste, the Colorado Department of Public Health and Environment issued Clean Harbors a radioactive materials license in 2005. Adams County pursued litigation against Clean Harbors and the state health department because it never authorized radioactive waste at that facility. By state law, the county must review and improve a Certificate of Designation prior to the state issuing a license or permit.