COLORADO-UTE, ETC. v. AIR POLLUTION, ETC.

No. 77-662.

648 P.2d 150 (1981)

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 Colorado Association of Commerce and Industry, 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, Div. II.

As Modified on Denial of Rehearing January 7, 1982.

Certiorari Granted July 12, 1982.


Attorney(s) appearing for the Case

Holland & Hart, Robert T. Connery, Helen Marsh, Denver, for plaintiff-appellant Colorado-Ute Elec. Ass'n, Inc., Ideal Basic Industries, Inc., Colo. Ass'n of Commerce & Industry, and Tri-State Generation & Transmission Ass'n, Inc.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sp. Asst. Atty. Gen., Gregory J. Hobbs, Jr., First Asst. Atty. Gen., Hubert A. Farbes, Jr., Janet Lee Miller, Asst. Attys. Gen., Denver, for State defendants.

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

Tad S. Foster, Gordon D. Hinds, Colorado Springs, for City of Colorado Springs.

Kelly, Stansfield & O'Donnell, Timothy J. Flanagan, Denver, for Public Service Co. of Colo.


SMITH, Judge.

The ultimate issue in this appeal is whether the Colorado Air Pollution Control Commission has the authority to make compliance with ambient air quality standards a condition to the continued validity of permits to operate electric power generation plants. We hold that it does not and therefore reverse the trial court judgment to the contrary.

The Colorado Air Pollution Control Commission is an administrative...

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