We are Successful in the Colorado Supreme Court Challenging Governmental Immunity Over Pollution Claim

The Law Offices of Randall M. Weiner, P.C. successfully represented the Smokebrush Foundation, Katherine Tudor, and Donald Goede in an important case against the City of Colorado Springs regarding coal tar contamination that migrated from the City’s old coal gasification site to our clients’ neighboring property. The City argued that it had governmental immunity from suit over the contamination, based on the Colorado Governmental Immunity Act.

In its opinion dated February 5, 2018 (read the full opinion here), the Colorado Supreme Court rejected the City’s claim of governmental immunity and ruled that cities such as Colorado Springs can be held responsible for coal-tar clean up.  This case determines that Colorado governments must accept responsibility for their own pollution.

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