AIR POLLUTION CONTROL v. COLORADO-UTE ELEC.

No. 82SC122.

672 P.2d 993 (1983)

The AIR POLLUTION CONTROL COMMISSION OF the COLORADO DEPARTMENT OF HEALTH, Dr. James Lodge, Dr. John Cobb, Mitchell Stimmons, Gerald Jensen, Dr. Val Veirs, Laboyta Garnand, Charles McFee, 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, Petitioners, v. COLORADO-UTE ELECTRIC ASSOCIATION, INC.; Colorado Association of Commerce and Industry; and Tri-State Generation & Transmission Association, Inc., Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 19, 1983.


Attorney(s) appearing for the Case

J.D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., David K. Rees, Lawrence A. DeClaire, Asst. Attys. Gen., Denver, for petitioners.

Holland & Hart, Robert T. Connery, Jane Michaels Talesnick, Steven V. Moser, Denver, for respondents.


LOHR, Justice.

This case arises from a complaint filed in Denver District Court by Colorado-Ute Electric Association, Inc. (Colorado-Ute), seeking a judicial determination of whether adoption of subsection (II)(H)(1)(a) of Regulation No. 3 by the Colorado Air Pollution Control Commission (Commission) exceeded its authority under the Air Pollution Control Act of 1970 (1970 Act), Colo.Sess.Laws 1970, ch. 64, § 66-31-1...

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