Sevier Citizens for Clean Air & Water, Inc. v. Department of Environmental Quality

Opinion

ROTH, Judge:

11 The Utah Department of Environmental Quality (the Department) dismissed the request for agency action filed by Sevier Citizens for Clean Air and Water, Inc. (Sevier Citizens) on the basis that Sevier Citizens had failed to file a petition to intervene in the permit review adjudicative proceedings between the Department and Sevier Power Company (Sevier Power). On petition for judicial review, Sevier Citizens acknowledges that it did not file a separate intervention petition but argues that its request for agency action met the requirements for a petition to intervene. We…