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NATIONAL WILDLIFE FEDERATION v. COTTER CORP.

No. 81SC373.

665 P.2d 598 (1983)

The NATIONAL WILDLIFE FEDERATION, the Colorado Wildlife Federation, Michael Keplinger, and Citizens for Safe Energy, Petitioners, v. The COTTER CORPORATION; Dr. Frank Traylor, in his capacity as Executive Director of the Colorado Department of Health; Albert Hazle, in his capacity as Director of the Radiation and Hazardous Wastes Control Division of the Colorado Department of Health; and Gary Broetzman, in his capacity as Director of the Water Quality Control Division of the Colorado Department of Health, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 11, 1983.

Attorney(s) appearing for the Case

Frances L. Green, Robert J. Golten, Boulder, for petitioners.

Holme Roberts & Owen, A. Edgar Benton, Richard L. Schrepferman, Edmond F. Noel, Jr., Denver, for respondent, Cotter Corp.

L. Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Joel W. Cantrick, Sol. Gen., Richard L. Griffith, Asst. Atty. Gen., Denver, for respondents, Traylor, Hazle, and Broetzman.

ROVIRA, Justice.

We granted certiorari to review a decision of the Colorado Court of Appeals dismissing the petitioners' complaint for lack of standing. National Wildlife Federation v. Cotter Corp., 646 P.2d 393 (Colo.App. 1981).

We reverse.

I.

The genesis of this case was in 1977 when the Cotter Corporation (Cotter) began construction of a new uranium mill and a facility for disposal of the tailings...

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