On May 22, 2026, the Colorado Air Quality Control Commission (Commission) unanimously adopted rules to increase permit and emissions fees from stationary sources to fund the Air Pollution Control Division’s (Division) air quality work to protect public health and the environment. Kaplan Kirsch represented Environmental Defense Fund (EDF), an international environmental organization, and Colorado Communities for Climate Action (CC4CA), a coalition of 49 local governments representing 1/3 of the population in Colorado, to successfully advocate for these critical fee increases. Firm attorneys Tom Bloomfield, John Putnam, and Sarah Judkins led these efforts for EDF and Sarah Keane did so for CC4CA.

The Division implements a suite of programs to improve air quality and address climate pollution in Colorado, including:

• seeking to attain federal ozone standards in the Front Range;
• reducing greenhouse gas emissions to meet science-based state targets;
• protecting the public from toxic air pollution, particularly in disproportionately impacted communities; and
• improving visibility in the numerous iconic parks and recreation areas.

None of this work is possible without adequate funding to develop, implement, and enforce rules and issue permits to address these challenges. Historically, the Division had been funded by a combination of fees, funding from Colorado’s General Fund and the Environmental Protection Agency. Given Colorado’s ongoing budget crisis (and losses of federal funding), the General Assembly had informed the Division that it could not continue to provide funding from the General Fund and fees increases are the only manner to support the Division’s air quality programs without increasing burdens on taxpayers.

With the increased fees that the Commission approved, the Division will be able to continue to advance its monitoring and enforcement activities, enhance air quality protections across the state, implement its rules and programs, and increase timely review of permit applications for regulated entities. In addition, the increased fees will support the Division’s environmental justice initiatives, including its community outreach, interpretation services, and digitization of important public information.

Kaplan Kirsch attorneys have extensive experience practicing before the Commission and representing clients on a range of air quality, climate, and compliance issues in Colorado and other states.

For a link to the EDF press release, click here. For a link to the Division press release, click here.