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

I dissent for the reasons more fully set forth in my dissenting opinion to the companion case of Colorado Ute v. Air Pollution Control Commission, 41 Colo.App. 393, 591 P.2d 1323.

CF & I is an aggrieved or adversely affected party, and promulgation of this regulation constitutes final agency action subject to judicial review within the meaning of § 24-4^106(4), C.R.S.1973.

The majority emphasizes that the fugitive dust regulation has not yet been enforced against CF & I. It is not necessary for CF & I to violate the regulation and become involved in enforcement proceedings to gain standing to…