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BOARD OF COUNTY COM'RS v. COLORADO HEALTH

Nos. 07SC977, 07SC978.

218 P.3d 336 (2009)

BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF ADAMS, STATE OF COLORADO, Petitioner v. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Respondent and Clean Harbors Deer Trail, L.L.C., a Colorado Limited Liability Company, Intervenor-Respondent.

Supreme Court of Colorado, En Banc.

October 13, 2009.

Attorney(s) appearing for the Case

Lindquist & Vennum, P.L.L.P., Howard Kenison, Stuart N. Bennett, Denver, Colorado, Attorneys for Petitioner.

John W. Suthers, Attorney General, David E. Kreutzer, First Assistant Attorney General, Jerry W. Goad, Senior Assistant Attorney General, Natural Resources and Environment Section, Denver, Colorado, Attorneys for Respondent.

Faegre & Benson, LLP, David W. Stark, Todd P. Walker, Brandee L. Caswell, Denver, Colorado, Attorneys for Intervenor-Respondent.

Bruce T. Barker, Greeley, Colorado, Attorney for Amicus Curiae Colorado Counties, Inc.

Justice EID delivered the Opinion of the Court.

Adams County ("the County") brought two suits against the Colorado Department of Public Health and Environment ("the Department") for its issuance of a radioactive materials license and a hazardous waste permit to Clean Harbors Deer Trail, L.L.C. ("Clean Harbors"), which intervened on the Department's behalf. In both cases, the trial courts dismissed the suits for lack of standing. The court of appeals upheld both decisions...

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