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Environmental Defense Fund v. Colorado Department of Public Health

Filing Date: 2020
Case Categories:
  • State Law Claims
    • Environmentalist Lawsuits
Principal Laws:
Colorado Air Pollution Prevention and Control Act, Colorado Administrative Procedure Act
Description: Lawsuit to compel Colorado agencies to propose regulations to reduce statewide greenhouse gas emissions as required by 2019 laws.
  • Environmental Defense Fund v. Colorado Department of Public Health
    Docket number(s): 21CA2032
    Court/Admin Entity: Colo. App.
    Case Documents:
    Filing Date Type File Action Taken Summary
    11/03/2022 Opinion Download Summary judgment for defendants affirmed. Colorado Appellate Court Said State Agencies Complied with Rulemaking Directive in 2019 Climate Law. The Colorado Court of Appeals found that Colorado state agencies’ actions to implement 2019 climate change legislation were consistent with the duties imposed by a provision of the law that required publication of proposed rules by July 1, 2020 “to implement measures that would cost-effectively allow the state to meet its greenhouse gas emission reduction goals.” Environmental groups contended that the provision required the agencies to promulgate regulations “sufficient” to meet greenhouse gas reduction goals articulated elsewhere in the statute. The appellate court found that the provision’s language was ambiguous and that the rest of the statute’s text, the larger statutory scheme, and legislative history supported an interpretation that the provision was focused on rulemaking related to data collection and greenhouse gas inventories that would enable future measures to achieve the reduction goals. The appellate court further found that the agencies had satisfied their duties under the statutory provision.
  • Environmental Defense Fund v. Colorado Air Quality Control Commission
    Docket number(s): 2020CV32688
    Court/Admin Entity: Colo. Dist. Ct.
    Case Documents:
    Filing Date Type File Action Taken Summary
    08/07/2020 Notice Download Information regarding related case filed.
    08/05/2020 Complaint Download Complaint filed. Environmental Defense Fund Asked Court to Order Colorado Agencies to Propose Greenhouse Gas Regulations. Environmental Defense Fund filed a lawsuit in Colorado District Court to compel the Colorado Air Quality Control Commission and the Colorado Air Pollution Control Division to propose regulations to reduce statewide greenhouse gas emissions as required by laws enacted in 2019. The laws set a deadline of July 1, 2020 for publication of a notice of proposed rulemaking. WildEarth Guardians filed a similar lawsuit in July.
  • WildEarth Guardians v. Polis
    Docket number(s): 2020CV32320
    Court/Admin Entity: Colo. Dist. Ct.
    Case Documents:
    Filing Date Type File Action Taken Summary
    11/30/2020 Response Download Response filed by plaintiffs in opposition to PSCO's motion for intervention.
    11/09/2020 Motion to Intervene Download Motion for intervention filed by Public Service Company of Colorado.
    09/10/2020 Motion to Dismiss Download Motion to dismiss filed by governor.
    07/09/2020 Complaint Download Complaint filed. Lawsuit Filed to Compel Colorado Rulemaking on Actions to Achieve Greenhouse Gas Goals. WildEarth Guardians filed a lawsuit in Colorado state court to compel state defendants to publish a proposed rule setting forth measures to meet statutory greenhouse gas reduction goals. A law enacted in 2019 mandated publication of a notice of proposed rulemaking by July 1, 2020.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.