Figuli v. State Farm Mutual Fire & Casualty

CARPARELLI, J.,

specially concurring.

121 Although I concur in affirming the judgment, I write separately to emphasize that the policy's definition of "pollutant" excludes coverage related to "waste" only when the waste is an irritant or contaminant. In addition, I do not concur with the majority's reference to the statutory definition of pollution in the Clean Water Act, 38 U.S.C. 1362(6), and the Colorado Water Quality Control Act, section 25-8-105(15), C.R.S. 2011. The policy's definition does not refer to or incorporate the definition established by the United States Congress for purposes…