Board of County Commissioners of the County of La Plata, Colorado v. Colorado Department of Public Health And…

Summary

The court held that the Department could enforce the Solid Wastes Disposal Sites and Enforcement Act against the County as the owner or operator of a noncompliant abandoned landfill, regardless of whether the County qualifies as a statutory “person.” It also held that the enforcement action was not barred by governmental immunity because it did not assert a claim for injury that lies or could lie in tort, and that the County was not entitled to attorney fees after losing below. The court vacated the lower court’s conclusion that the County was a “person” but otherwise affirmed its judgments.