Anti-Mining Ballot Initiatives In Colorado And The West - Some Legal And Practical Considerations

The last two decades have witnessed the resurgence in popularity of a century old tool for shaping laws and public policy – the ballot initiative. In recent years, anti-mining special interests have used the initiative process to secure voter approval of measures to ban modern surface mining for gold and silver. In November 1998, voters in Montana approved such a measure1 – the effects of which have been devastating to the mining industry in that state. In November 1999, anti-mining groups sought to place a nearly identical provision on the general election ballot in Colorado. They did not succeed, but the battle over mining’s future continues in the most important forum of all – the court of public opinion. The Colorado measure failed, in large part, because its proponents failed to convey a positive environmental theme. The mining industry also exercised early-on the rights available under state law for administrative and judicial review of the initiative, instead of relying upon the limited relief that would have been available had it waited until after the secretary of state approved the measure for the November election ballot. This article will summarize the ballot initiative process in Colorado and the proceedings that took place over Initiative No. 215.