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Colorado

Energy & Environment Legal Institute v. Epel

A district court held that a conservative nonprofit group lacked standing on four of its six claims challenging Colorado's renewable energy standard (RES), which requires utilities to obtain at least 30% percent of its energy from...

Strudley v. Antero Resources Corp.

A Colorado appellate court held that under state law, a trial court may not order plaintiffs in a toxic tort case to present prima facie evidence supporting their claims after initial disclosures, but before full discovery begins, or...

Cook v. Rockwell Int'l Corp.

The Sixth Circuit affirmed in part and reversed in part a lower court decision rejecting claims that several city ordinances aimed at controlling deer populations violate the U.S. and Kentucky Constitutions and are preempted by state...

Colorado Mining Ass'n v. Huber

A Colorado appellate court reversed a lower court decision to hold that the Colorado Taxpayer Bill of Rights (TABOR) prevented the state from increasing the coal removal tax rate without prior voter approval. The tax rate is determined...

Board of County Comm'rs v. Colorado Dep't of Pub. Health & Env't

The Colorado Supreme Court held that a county has standing to challenge the state environmental agency's issuance of a radioactive materials license and a hazardous waste permit to a private company. Under Colorado's Low-Level...

Colorado Mining Ass'n v. Board of County Comm'rs of Summit County

The Colorado Supreme Court held that the state Mined Land Reclamation Act impliedly preempts a county's ban on the use of toxic or acidic chemicals, such as cyanide, for mineral processing in vat or heap leach operations for all zoning...

Fitting a Square Peg in a Round (Drill) Hole: The Evolving Legal Treatment of Coalbed Methane-Produced Water in the Intermountain West

Editors' Summary: Groundwater resources in the intermountain West (Colorado, Montana, New Mexico, Utah, and Wyoming) continue to dwindle while populations expand. In the 1950s, states set up oil and gas conservation commissions to...

Coalition for Equal Rights v. Ritter

The Tenth Circuit upheld the constitutionality of Colorado's Clean Indoor Air Act. The Act bans smoking in indoor areas, but it expressly exempts from this general prohibition "airport smoking concessions" such as airport restaurants...

In re Special Grand Jury 89-2

The court reverses and remands a lower court decision denying petitions brought by members of a federal grand jury empanelled to investigate possible environmental crimes at the Rocky Flats Nuclear Weapons Plant in Colorado. The...

Kansas v. Colorado

The U.S. Supreme Court adopted all of a Special Master's recommendations in a dispute between Colorado and Kansas concerning the division of waters in the upper Arkansas River. The Special Master's First Report found that Colorado...