Description: Challenge to Colorado’s adoption of California’s low emission vehicle emission standards (LEV III) for light-duty passenger vehicles and trucks and medium-duty passenger vehicles.
Colorado Automobile Dealers Association v. Colorado Department of Public Health & Environment
Filing Date Type File Action Taken Summary 01/28/2019 Complaint Download Complaint filed. Car Dealer Association Challenged Colorado’s Adoption of California Low Emission Vehicle Standards. A not-for-profit association representing new car and truck dealers filed a lawsuit challenging Colorado’s adoption of California’s low emission vehicle emission standards (LEV III) for light-duty passenger vehicles and trucks and medium-duty passenger vehicles. The plaintiff asserted that the Colorado Air Quality Control Commission failed to complete emission control studies that were statutory prerequisites for motor vehicle emission control regulations and aftermarket catalytic converter standards. The plaintiff also alleged that the Colorado Air Pollution Control Division had failed to adequately consider the costs of the regulation in violation of the Colorado Air Pollution Prevention and Control Act (APPCA) and the Colorado Administrative Procedure Act. In addition, the plaintiff asserted a failure to provide adequate time for review and comment of a revised economic impact analysis and also alleged that the Commission relied on “materialy and stautorily flawed” documents as the justification for the regulations. The plaintiff also said the Colorado governor’s executive order directing the California Department of Health and Environment to adopt California’s LEV III standards violated the separation of powers and that the Commission’s “rigid adherence” to the order violated the Colorado Constitution and the Administrative Procedure Act.