HomeMy WebLinkAbout20223501.tiffOFFICE OF BOARD OF COMMISSIONERS
PHONE: 970-336-7204
FAX: 970-336-7233
1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
December 7, 2022
CCI Board of Directors and Amicus Committee
Colorado Counties Inc.
800 Grant Street, Suite 500
Denver, CO
To the CCI Board of Directors and the CCI Amicus Committee:
I am writing to you on behalf of myself and my colleagues on the Weld County Board of County
Commissioners to request that you consider supporting us as amicus curiae in Weld BOCC v. Ryan, et
al., Case Number 22 -SC -242, before the Colorado Supreme Court. We believe we are advancing the
came of local governments giving voice to our constituents and ensuring that the State hears and
considers our voices. We hope that you will make it a chorus.
The purpose of our cert petition, which the Supreme Court granted, is to have the Supreme Court correct
the judicially -created "Rule of Martin" as espoused in Maurer v. Young Life, 779 P.2d 1317 (Colo. 1989).
This esoteric rule states that when "(1) the agency seeking judicial review is subordinate to the agency
whose decision is sought to be reviewed, and (2) no statutory provision confers a right on the subordinate
agency to seek judicial review of the superior agency's decision" the plaintiff governmental entity lacks
standing to challenge a regulatory decision of the State. As applied in our case, this means that any county
that wishes to participate in rulemaking before the Air Quality Control Commission can be completely
ignored with no recourse because the District Court found, and the Court of Appeals upheld, that we do
not have standing to seek judicial review due to the Rule of Martin. This is despite Weld County's
participation as a party in the rulemaking and the State Clean Air Act requirement that the AQCC give
priority to the interests of counties. C.R.S. § 25-7-405(16)(c). Air quality is an important issue on which
the State must be forthcoming in addressing local governments' concerns instead of hiding behind a
technical standing issue. CCI's support will help make that vision a reality.
If you have any questions or wish to coordinate, please reach out to our County Attorney, Bruce Barker,
at bbarker@weldgov.com, and our outside legal counsel on this case, Colin Diehl of Polsinelli P.C., at
CDiehl(clpolsinelli.com.
Sincerely,
Chair, Weld County Board of County Commissioners
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