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COLORADO MIN. ASSOCIATION v. URBINA

Court of Appeals No. 12CA1628.

318 P.3d 562 (2013)

2013 COA 155

COLORADO MINING ASSOCIATION, Plaintiff-Appellant, v. Christopher E. URBINA, Executive Director of the Department of Public Health and Environment for the State of Colorado; Colorado Department of Public Health and Environment; Colorado Air Quality Control Commission; and Air Pollution Control Division, an agency of the State of Colorado, Defendants-Appellees, and EnCana Oil & Gas (USA); Chesapeake Energy Corporation; Noble Energy, Inc.; Public Service Company of Colorado; Environment Colorado; Environmental Defense Fund; Conservation Colorado; Sierra Club; and Western Resource Advocates, Intervenors-Appellees.

Colorado Court of Appeals, Div. I.

Announced November 21, 2013.

Attorney(s) appearing for the Case

Seby Larsen, LLP, Paul M. Seby , Marian C. Larsen , Denver, Colorado, for Plaintiff-Appellant.

John W. Suthers , Attorney General, Casey Shpall , Deputy Attorney General, Thomas A. Roan , First Assistant Attorney General, Denver, Colorado, for Defendants-Appellees.

RoweLaw, LLC, Russell P. Rowe , R. William Rowe , Greenwood Village, Colorado, for Intervenors-Appellees EnCana Oil & Gas (USA), Chesapeake Energy Corporation, and Noble Energy, Inc.

Faegre Baker Daniels, LLP, Michael S. McCarthy , Linda L. Rockwood , Ann Prouty , Denver, Colorado, for Intervenor-Appellee Public Service Company of Colorado.

Gallagher Law Group, P.C., Jill H. Van Noord , Thomas H. Bloomfield , Boulder, Colorado, for Intervenors-Appellees Environment Colorado, Environmental Defense Fund, Conservation Colorado, Sierra Club, and Western Resource Advocates.

Opinion by JUDGE ROMÁN.

¶ 1 Plaintiff, Colorado Mining Association (CMA),1 a trade association representing coal producers, appeals the trial court's judgment dismissing as moot its claims against defendants, Colorado Department of Public Health and Environment (CDPHE), Christopher E. Urbina in his capacity as Executive Director of CDPHE, the Colorado Air Quality Control Commission (AQCC), and the Air Pollution Control Division...

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