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Kaplan Kirsch & Rockwell Achieves Major Victory for Colorado Brownfield and Infill Development

On March 29, 2010, the Colorado Public Utilities Commission rejected an electric tariff proposed by Xcel Energy that would have imposed burdensome environmental liability and cost requirements on developers of brownfield properties in Colorado.  Kaplan Kirsch & Rockwell represented a coalition of intervenors in this matter, including NAIOP, the Colorado Association of Homebuilders, the Denver Metro Building Owners and Managers Association, Fitzsimons Redevelopment Authority, Forest City Stapleton, Inc., Fitzsimons Developer LLC, LUI Denver Broadway, LLC, and LUI Denver Broadway Office, LLC, who argued to the PUC that the proposal would severely and unfairly affect brownfield and infill development in Colorado.  The PUC agreed with our clients that "the proposal is significantly flawed, and [Xcel's] arguments in support of the tariff are insufficient to justify its problematic language."