05 Feb • Colorado Supreme Court rules Smokebrush Foundation clear to sue city
To All Of Our Supporters Throughout the Years:
The Colorado Supreme Court’s decision today finding the City of Colorado Springs liable for gas pollution it generated almost 80 years ago, but which has migrated onto a neighboring property, may protect neighbors of polluting City properties around Colorado.
“The City cannot have it both ways,” said the Court noting that Colorado Springs wanted the benefit of governmental immunity it must also accept the burdens of the waivers to that governmental immunity, notably the waiver for operation of its gas facility that operated in the 1930s.
“Cities are responsible for the pollution they let escape to neighboring properties, no matter how long ago that pollution was generated,” said Randall Weiner, lawyer for the Smokebrush Foundation.