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CIT. FOR CLEAN AIR v. COLO. DEP. OF PUB. HEA.

No. 06CA1581.

181 P.3d 393 (2008)

CITIZENS FOR CLEAN AIR & WATER IN PUEBLO AND SOUTHERN COLORADO and Clean Energy Action, Plaintiffs-Appellants, v. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, AIR POLLUTION CONTROL DIVISION, Defendant-Appellee and Public Service Company of Colorado, Intervenor-Appellee.

Colorado Court of Appeals, Div. II.

February 7, 2008.

Attorney(s) appearing for the Case

Angelique Layton Anderson, Louisville, Colorado, for Plaintiffs-Appellants.

John W. Suthers, Attorney General, William C. Allison V, First Assistant Attorney General, Denver, Colorado, for Defendant-Appellee.

Hogan & Hartson L.L.P., Dennis L. Arfmann, Robert C. Troyer, Denver, Colorado, for Intervenor-Appellee.

Opinion by Judge KAPELKE.*

In this proceeding for judicial review of administrative agency action, plaintiffs, Citizens for Clean Air & Water in Pueblo and Southern Colorado and Clean Energy Action, appeal the district court's summary judgment affirming the issuance by the Air Pollution Control Division, Colorado Department of Health and Environment (the Division), of construction permits to Public Service Company of Colorado (PSCo...

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