10th Circuit Court of Appeals hear Pueblo District Attorney’s appeal of decision over Fountain Creek pollution case exclusion

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From The Pueblo Chieftain (Robert Boczkiewicz):

The 10th Circuit Court of Appeals heard arguments [September 14] on Thiebaut’s contention that a lower court judge should not have thrown out Thiebaut’s lawsuit against Colorado Springs Utilities. The 10th Judicial District covers Pueblo County.

Senior U.S. District Judge Walker Miller concluded in 2007 that Colorado district attorneys do not have authority under state law to use the federal Clean Water Act to sue in federal court. That is what Thiebaut did in 2005 when he sued Colorado Springs. The appeals court will decide whether it will reinstate Thiebaut’s lawsuit…

An attorney for the city argued Wednesday that Miller’s decision should not be overturned. “We urge you to sustain a very thorough and thoughtful order by Judge Miller,” attorney David Robbins told the appellate judges. Robbins said “all the issues were resolved” in a lawsuit against Colorado Springs Utilities by the Sierra Club environmental organization that was very similar to Thiebaut’s lawsuit.

More Fountain Creek coverage here and here.

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