Colo. Court Affirms Toss Of Enviro Rulemaking Challenge

Law360, New York (November 21, 2013, 6:31 PM EST) -- A Colorado appeals court on Thursday affirmed a trial court's ruling that a mining trade group's challenge against state environmental regulators' rulemaking process for alleged procedural violations is moot, as legislation has already adopted those air quality regulations.

The appeals court panel ruled that simply finding the procedures adopted by defendants, including Colorado's Air Quality Control Commission, to be invalid would not affect a state statute governing the adoption of such rules, according to the order.

The appellate court also noted that the plaintiff, Colorado Mining...
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