Allied Fidelity Insurance Co. v. Environmental Quality Council

URBIGKIT, Justice.

The Environmental Quality Council (EQC), the adjudicatory panel of the Department of Environmental Quality (DEQ), in performance of its reclamation responsibilities, denied a hearing request made by the surety when an insolvent operator ceased business and left uncompleted its statutory duty to reclaim mined land. The agency determined that the statute which provided a hearing right to the operator did not inure to the surety after the operator “bellied up.” We reverse on a legal-subro-gation theory.

At a time prior to 1981, DEQ issued to Ogle Petroleum, Inc., a Colorado…