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PEABODY SAGE CREEK MIN. v. PUBLIC HEALTH

Court of Appeals No. 19CA0990.

484 P.3d 730 (2020)

2020 COA 127

PEABODY SAGE CREEK MINING, LLC, a Colorado limited liability company, Plaintiff-Appellant, v. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, WATER QUALITY CONTROL DIVISION; and Jill Hunsaker Ryan, in her official capacity as Executive Director of the Colorado Department of Public Health and Environment, Defendants-Appellees.

Colorado Court of Appeals, Div. VII.

Announced August 20, 2020.

Attorney(s) appearing for the Case

Bryan Cave Leighton Paisner LLP, Alan J. Gilbert , Stephen D. Rynerson , Denver, Colorado, for Plaintiff-Appellant.

Philip J. Weiser , Attorney General, Carrie Noteboom , First Assistant Attorney General, Matthew B. Miller , Assistant Attorney General, Denver, Colorado, for Defendants-Appellees.

¶ 1 In this appeal, we conclude that the "Final Agency Order" issued by the Executive Director of the Colorado Department of Public Health and Environment (the Department) was the last step in the adjudicatory process making the groundwater-discharge permit of appellant Peabody Sage Creek Mining, LLC (Peabody), final....

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