Sterling Ethanol, LLC v. Colorado Air Quality Control Commission

Citations

• 2017 COA 26
• 413 P.3d 215

Syllabus

Interlocutory Appeal—Motion to Dismiss for Lack of Subject Matter Jurisdiction. Sterling Ethanol, LLC and Yuma Ethanol, LLC (collectively, Companies) are ethanol manufacturing plants that are sources of air pollution in northeastern Colorado. They are required to operate in accordance with air permits issued by the Colorado Air and Pollution Control Division (Division). After the Division issued two compliance orders addressing the Companies' alleged violations of their air permits, Companies sought timely administrative review from the Air Quality Control Commission (Commission), which operates pursuant to the Colorado Air Pollution Prevention and Control Act (APPCA). Following an evidentiary hearing, the Commission issued a final order affirming the Division's orders. Companies filed a motion to reconsider, which the Commission denied. Companies then filed a complaint in the district court 69 days after the Commission issued its final order and 35 days after the Commission denied its motion to reconsider. The Commission filed a motion to dismiss for lack of subject matter jurisdiction, arguing the complaint was untimely filed. The district court denied the motion. The district court, on the Commission's request, certified for review the question whether the State Administrative Procedure Act (APA), the APPCA, and the Commission's procedural rules, read together, compel the conclusion that the complaint was untimely filed, thus depriving the Court of Appeals of subject matter jurisdiction. The Court held that the district court erred in denying the motion to dismiss because Companies' complaint was untimely. The party seeking judicial review must file a complaint within 35 days of the effective date of the Commission's final order, even if that party first filed a motion to reconsider, and the Commission declined to reconsider its order. The plain language of the APPCA, the APA, and the Commission's procedural rules required such a conclusion. The order was reverse