In a victory for clean air and public health and our client, the Colorado Air Quality Control Commission (AQCC) unanimously rejected a petition (and a follow up "emergency" motion for reconsideration) seeking to force the Colorado Air Pollution Control Division (APCD) to weaken protection for clean air in Colorado. The petition, filed by a newly-formed entity named “Defend Colorado,” claimed that pollution from China is to blame for high ozone levels in the Denver area and that the State should ask the United States Environmental Protection Agency (EPA) to excuse Colorado from having to take steps that are mandated by the Clean Air Act for areas with poor air quality. The petitioners were found to lack standing. High levels of smog have persisted for years in the Front Range due to oil and gas production, cars, and other sources. Just last summer, air quality warnings were frequently sent (more than every other day) to those living and working in the Front Range. The Polis Administration and a wide array of environmental organizations strongly opposed the request from Defend Colorado. Kaplan Kirsch & Rockwell represented a client successfully opposing this petition.
For more information about this matter or other ozone-related issues, please contact Tom Bloomfield or John Putnam.