Colorado-Ute Electric Ass'n v. Air Pollution Control Commission of the Colorado Department of Health

I respectfully dissent.

A presumption of regularity attaches to an administration’s regulation when it is acting within its statutory power and within the parameters of its organic legislation as here. Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402, 91 S.Ct. 814, 28 L.Ed.2d 136 (1971). A reviewing court may reverse an administrative ruling only when there is no rational basis to the agency’s decision and it is not “reasonably related to a legitimate use of state authority.” Peshel v. Motor Vehicle Division, 43 Colo.App. 58, 602 P.2d 875 (1979); see Overton Park, supra. This is not…