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UTAH PHYSICIANS v. EXECUTIVE DIRECTOR

No. 20141132.

391 P.3d 148 (2016)

2016 UT 49

UTAH PHYSICIANS FOR A HEALTHY ENVIRONMENT and Utah Chapter of the Sierra Club, Petitioners, v. EXECUTIVE DIRECTOR OF THE UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY and the Director of the Utah Division of Air Quality, in their official capacity, the Utah Department of Environmental Quality, the Utah Division of Air Quality, and Tesoro Refining & Marketing Co., LLC, Respondents.

Supreme Court of Utah.

Filed October 26, 2016.

Attorney(s) appearing for the Case

Joro Walker , Charles R. Dubuc, Jr. , Salt Lake City, for petitioners Utah Physicians for a Healthy Environment and Utah Chapter of the Sierra Club.

Sean D. Reyes , Att'y Gen., Christian C. Stephens , Craig W. Anderson , Marina V. Thomas , Asst. Att'ys Gen., Salt Lake City, for respondents Utah Department of Environmental Quality and Utah Division of Air Quality.

Michael A. Zody , Michael J. Tomko , Jacob A. Santini , Salt Lake City, for respondent Tesoro Refining & Marketing Co., LLC.

Justice Himonas authored the opinion of the Court, in which Chief Justice Durrant and Associate Chief Justice Lee joined.

On Appeal from Final Action of Administrative Agency

INTRODUCTION

¶ 1 This case concerns the decision of the Executive Director of the Utah Department of Environmental Quality (UDEQ) to dismiss a Request for Agency Action filed by Utah Physicians for a Healthy Environment and the Utah...

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