§ 25-7-122.6 — Administrative and judicial stays

Colorado § 25-7-122.6

• Jurisdiction: Colorado
• Title 25: Public
• Art.: Air Quality Control

Text

(1) Except with respect to
emergency orders issued pursuant to sections 25-7-112 and 25-7-113, and delayed
compliance orders issued pursuant to section 25-7-118, any person to whom an
order has been issued by the division or the commission, or against whom an
adverse determination has been made, may petition the commission or the district
court for the district in which is located the air pollution source affected, as
appropriate, for a stay of the effectiveness of such order or determination.

(2) Such petitions may be filed prior to any such order or determination
becoming final or during any period in which such order or determination is under
judicial review.

(3) Such stay shall be granted if there is probable cause to believe:

(a) That the movant will suffer irreparable harm if the motion is denied;

(b) That there will be no irreparable harm to human health, welfare, or the
environment if the motion is granted; and

(c) That the movant will succeed on the merits of its case.

(4) Such order shall be stayed pending a final determination of the petition.

Legislative History

Source: L. 92: Entire section added, p. 1223, � 25, effective July 1.