Environmental Defense Fund v. Colorado Department of Public Health

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The Colorado Court of Appeals found that Colorado state agencies’ actions to implement 2019 climate change legislation were consistent with the duties imposed by a provision of the law that required publication of proposed rules by July 1, 2020 “to implement measures that would cost-effectively allow the state to meet its greenhouse gas emission reduction goals.” Environmental groups contended that the provision required the agencies to promulgate regulations “sufficient” to meet greenhouse gas reduction goals articulated elsewhere in the statute. The appellate court found that the provision’s language was ambiguous and that the rest of the statute’s text, the larger statutory scheme, and legislative history supported an interpretation that the provision was focused on rulemaking related to data collection and greenhouse gas inventories that would enable future measures to achieve the reduction goals. The appellate court further found that the agencies had satisfied their duties under the statutory provision.

Environmental Defense Fund filed a lawsuit in Colorado District Court to compel the Colorado Air Quality Control Commission and the Colorado Air Pollution Control Division to propose regulations to reduce statewide greenhouse gas emissions as required by laws enacted in 2019. The laws set a deadline of July 1, 2020 for publication of a notice of proposed rulemaking. WildEarth Guardians filed a similar <a href="https://climatecasechart.com/case/wildearth-guardians-v-polis/">lawsuit</a> in July.

WildEarth Guardians filed a lawsuit in Colorado state court to compel state defendants to publish a proposed rule setting forth measures to meet statutory greenhouse gas reduction goals. A law enacted in 2019 mandated publication of a notice of proposed rulemaking by July 1, 2020.