Amica Life Insurance Co. v. Wertz

ORDER GRANTING SUMMARY JUDGMENT IN PART AND SUA SPONTE CERTIFYING QUESTION OF LAW TO THE COLORADO SUPREME COURT

William J. Martinez, United States District Judge

Under the separation-of-powers principles inherent in the Colorado Constitution, a Colorado administrative agency may not lawfully promulgate rules and regulations that conflict with a Colorado statute. But, may the Colorado Legislature enact an interstate compact creating an interstate administrative agency with lawful power to promulgate rules and regulations that .conflict with a Colorado statute?

The question arises in this case,…