Espinosa v. Roswell Tower, Inc.

36. Although there is much with which I agree in Judge Alarid’s opinion for the panel, I disagree with the analysis in several respects. In my view (1) the district court’s finding of mere negligence will not sustain the $10,000 award of punitive damages against the Appellants for the public nuisance predating the effective date of AQCR 751; (2) regulations that specified the method to be used to prevent or abate air pollution were prohibited by the statute in effect during the pertinent period, yet we should nevertheless affirm the penalty of $60,000 imposed for the sixty removals of…