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Colorado’s Attorney General Asks Colorado Supreme Court to Dismiss Governor’s Lawsuit Seeking to Diminish Her Independent Authority -

DENVER – Today, Colorado Attorney General Cynthia H. Coffman filed a response with the Colorado Supreme Court asking the Justices to dismiss Governor Hickenlooper’s challenge to the Attorney General’s independent authority. The Governor has sued Attorney General Coffman in an attempt to force her to withdraw from three cases challenging illegal federal environmental regulations.  General Coffman and numerous other states have already won two court judgments stopping the EPA from enforcing regulations.

In the filing, the Attorney General explains that “even when the Governor and the Attorney General split along party lines, the Attorney General has not only the authority but also the public duty to seek judicial review to protect the legal interests of Colorado and its People.”  In General Coffman’s independent judgment, Colorado’s legal interests are served by ensuring that the federal executive branch, when it seeks to displace state regulatory authority, is acting within the bounds of the law.

The Governor will have the opportunity to respond to this filing on December 4, after which time the Colorado Supreme Court will decide whether to accept the case and proceed to the merits.

The Attorney General’s response to the Governor’s lawsuit is attached.

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