Colorado Department of Public Health & Environment v. Bethell

Opinion by

Judge WEBB.

In this regulatory enforcement action, defendant, Phillip Bethell, d/b/a Elk Springs Recycling and Recovery, appeals the trial court’s summary judgment in favor of plaintiff, Colorado Department of Public Health and Environment (CDPHE), and the penalty assessed against him. Defendant argues the trial court erroneously applied the exhaustion of remedies doctrine to bar certain of his defenses, wrongly rejected his constitutional challenges to CDPHE’s financial assurance regulations, granted summary judgment prematurely, and improperly assessed a penalty. We disagree and…