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COLORADO-UTE ELEC. ASS'N, INC. v. AIR POLLUTION

No. 77-662.

591 P.2d 1323 (1978)

COLORADO-UTE ELECTRIC ASSOCIATION, INC., Plaintiff-Appellant, v. The AIR POLLUTION CONTROL COMMISSION OF the COLORADO DEPARTMENT OF HEALTH, Dr. James Lodge, Dr. John Cobb, Mitchell Simmons, Gerald Jensen, Dr. Val Veirs, Laboyta Garnand, Charles McAfee, Dr. David Kelble, Vinton Pierce, Commissioners and their successors in office from time to time, the Air Pollution Control Division of the Colorado Department of Health, the Colorado Department of Health, Dr. Edward G. Dreyfus, Executive Director, Environmental Defense Fund, Defendants-Appellees, and Public Service Company of Colorado, Ideal Basic Industries, Inc., City of Colorado Springs, Defendants-Cross-Claimants-Appellants, and Tri-State Generation & Transmission Association, Inc., Intervenor-Appellant.

Colorado Court of Appeals, Division I.

Rehearing Denied January 11, 1979.

Certiorari Granted March 19, 1979.

Attorney(s) appearing for the Case

Holland & Hart, Robert T. Connery, Helen Marsh, Denver, for plaintiff-appellant and for defendants-cross-claimants-appellants Ideal Basic Industries, Inc., and intervenor-appellant Tri-State Generation & Transmission Ass'n, Inc.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Gregory J. Hobbs, Jr., First Asst. Atty. Gen., Hubert A. Farbes, Jr., Janet Lee Miller, Asst. Attys. Gen., Denver, for defendants-appellees Air Pollution Control Commission and related state agencies.

David C. Mastbaum, Denver, for defendant-appellee Environmental Defense Fund.

Tad S. Foster, Gordon D. Hinds, Colorado Springs, for defendant-cross-claimant-appellant City of Colorado Springs.

Kelly, Stansfield & O'Donnell, Timothy J. Flanagan, Denver, for defendant-cross-claimant-appellant Public Service Co. of Colorado.

SMITH, Judge.

Plaintiff, Colorado Ute Electric Association, Inc., (Colorado Ute) and certain of the other parties appeal a judgment in favor of defendant Air Pollution Control Commission of the Colorado Department of Health (Commission). We set aside the judgment and remand with directions to dismiss the action.

Colorado Ute brought this action to challenge the validity of Air Pollution Control Commission Regulation No. 3, § II.H.1.a., which sets forth...

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