CF & I Steel Corp. v. Colorado Air Pollution Control Commission

SMITH, Judge.

The plaintiff, CF & I Steel Corporation (CF & I), appeals from a declaratory judgment in favor of defendant, the Colorado Air Pollution Control Commission (Commission). We set aside the judgment and remand with directions to dismiss the action.

CF & I brought this action to challenge the Commission’s promulgation of what is known as the “fugitive dust regulation,” Air Pollution Control Commission Regulation 1, § II.D. The regulation is aimed at controlling the levels of ground dust over a substantial portion of Colorado, including Pueblo County in which the plaintiff’s plant is…