CF & I Steel Corp. v. Colorado Air Pollution Control Commission

SMITH, Judge.

CF & I Steel Corporation (CF & I) brought suit pursuant to the Administrative Procedure Act, § 24-4-101 et seq., C.R.S. 1973, and the Colorado Air Pollution Control Act of 1970, § 25-7-101 et seq., C.R.S. 1973, to determine the validity of Section II.D. Air Pollution Control Commission Regulation No. 1, promulgated by the Colorado Air Pollution Control Commission (Commission). The trial court upheld § II.D. of the regulation and entered judgment in favor of the Commission. On appeal, this court reversed the judgment of the trial court and ordered that the suit be dismissed…