Diamond Shamrock Refining & Marketing Co. v. Colorado Department of Labor & Employment

Judge BRIGGS,

dissenting.

The Department of Labor and Employment (Department) promulgated a regulation that made ineligible for reimbursement from the Underground Storage Tank Fund (Fund) any costs incurred for the cleanup of a petroleum leak discovered before December 22, 1988. In my view, the Department exceeded its statutory authority in making ineligible for reimbursement any costs incurred after the Act became effective, on July 1, 1989. I therefore respectfully dissent.

In 1984 Congress enacted Subtitle I to the Resource Conservation and Recovery Act, 42 U.S.C. § 6691, et seq. (1994). It…