United States v. K.P. Kauffman Co.

R. Brooke Jackson, United States District Judge *937This matter is before the Court on defendant K.P. Kauffman Company, Inc.'s ("KPK") motion to dismiss. ECF No. 11. For the reasons discussed below, the motion is DENIED.

I. BACKGROUND

The plaintiffs in this civil lawsuit are the federal Environmental Protection Agency ("EPA") and the Colorado Department of Public Health and Environment, Air Pollution Control Division ("CDPHE").1 Both entities are acting through the authority of their respective Attorneys General. Plaintiffs allege illegal emissions of volatile organic compounds ("VOCs") from KPK's…