Citizens for Clean Air & Water in Pueblo & Southern Colorado v. Colorado Department of Public Health & Environment, Air Pollution Control Division
Colorado Court of Appeals
1Opinion of the Court
Opinion by
Judge KAPELKE. *
In this proceeding for judicial review of administrative ageney action, plaintiffs, Citizens for Clean Air & Water in Pueblo and Southern Colorado and Clean Energy Action, appeal the district court's summary judgment affirming the issuance by the Air Pollution Control Division, Colorado Department of Health and Environment (the Division), of construction permits to Public Service Company of Colorado (PSCo). We affirm.
In 2004, PSCo applied to the Division for permits to construct a new coal-fired electrical generation unit (Unit 3) at its existing Comanche power plant…
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