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STERLING ETHANOL v. COLORADO AIR QUALITY

Court of Appeals No. 16CA1867.

413 P.3d 215 (2017)

2017 COA 26

STERLING ETHANOL, LLC; and Yuma Ethanol, LLC, Plaintiffs-Appellees, v. COLORADO AIR QUALITY CONTROL COMMISSION; and Colorado Department of Public Health and Environment, Defendants-Appellants.

Colorado Court of Appeals, Div. A.

Announced February 23, 2017.

Attorney(s) appearing for the Case

Greenberg Traurig, LLP, Paul Seby , Hayley Easton , Denver, Colorado, for Plaintiffs-Appellees.

Cynthia H. Coffman , Attorney General, Robyn L. Wille , Laura Terlisner Mehew , Assistant Attorney General, Denver, Colorado, for Defendants-Appellants.

Opinion by JUDGE FOX

¶ 1 In this C.A.R. 4.2 interlocutory appeal, defendant, the Air Quality Control Commission (the Commission), seeks review of the district court's order declining to dismiss the complaint of plaintiffs, Sterling Ethanol, LLC and Yuma Ethanol, LLC (collectively, Companies).1 The complaint sought review of a May 19, 2016, Commission order affirming two adverse compliance orders that the Colorado Air...

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