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DEFEND COLORADO v. POLIS

Court of Appeals No. 19CA1636.

482 P.3d 531 (2021)

2021 COA 8

DEFEND COLORADO, a Colorado nonprofit association, Plaintiff-Appellant, v. Governor Jared POLIS and The Colorado Air Quality Control Commission, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Announced January 28, 2021.

Attorney(s) appearing for the Case

Greenberg Traurig, LLP, Paul M. Seby , Matt Tieslau , Denver, Colorado, for Plaintiff-Appellant.

Philip J. Weiser , Attorney General, Leeann Morrill , First Assistant Attorney General, Denver, Colorado, for Defendant-Appellee Governor Jared Polis.

Philip J. Weiser , Attorney General, Thomas A. Roan , First Assistant Attorney General, Robyn L. Wille , Senior Assistant Attorney General, Denver, Colorado, for Defendant-Appellee The Colorado Air Quality Control Commission.

¶ 1 This case concerns a certification of air quality data — specifically, ozone levels recorded in the Denver Metropolitan/North Front Range area — that Colorado must annually submit to the United States Environmental Protection Agency (EPA). The central question is whether the Colorado Air Quality Control...

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