La Plata County Loses Immunity Claim in Bayfield Landfill Case

Board of County Commissioners v. Colorado Department of Public Health and Environment involved enforcement against La Plata County concerning contamination at the Bayfield Landfill. The county argued that governmental immunity and the statutory definition of a “person” prevented the Colorado Department of Public Health and Environment from enforcing a compliance order.

The Colorado Supreme Court concluded that the enforcement action could proceed against the county as owner or operator of the landfill and was not a tort claim barred by the Colorado Governmental Immunity Act. The court also denied the county’s request for attorney fees after determining it was no longer the prevailing party. The decision clarifies the distinction between regulatory environmental enforcement and tort liability.

Original article:https://www.whitcomblawpc.com/business-law-blog/review-of-bd.-of-cty.-commrs-v.-colo.-dept-of-pub.-health-envt