Colorado’s Republican attorney general, Cynthia Coffman, filed a brief Friday in the state’s high court defending her authority — through case law — to challenge the Clean Power Plan in spite of the governor’s wishes.
“Even when the governor and the attorney general split along party lines, the attorney general has not only the authority but also the public duty to seek judicial review to protect the legal interests of Colorado,” the filing says.
Coffman cited a 2003 dispute in which the Colorado Supreme Court ruled that then-Attorney General Ken Salazar, a Democrat, had the power to file lawsuits independent of former Republican Gov. Bill Owens.
Coffman’s brief is in response to Democratic Gov. John Hickenlooper’s recent filing in the high court asking them intervene and declare he “has ultimate authority” on whether to sue the federal government.
Hickenlooper supports the federal emissions initiative and says Coffman’s effort to block the program is an overreach of her position.
“Except in very rare circumstances, generally the governor is supposed to make that decision in concert with the attorney general,” Hickenlooper told The Denver Post last month. “But the governor should have that final say.”
However, Coffman says the state’s constitution gives her an ability to represent Colorado residents that goes beyond the limited powers outlined in state law.
The Salazar case, she says, shows just that.
“Because the relevant legal questions presented by the petition were resolved in Salazar, this court should not invoke its ‘extraordinary’ original jurisdiction to re-litigate the same dispute,” Coffman’s filing reads.
The brief accuses Hickenlooper of trying to destabilize the state’s checks and balances system, explaining that governors and attorneys general have a long, healthy history of disagreement in Colorado.
The attorney general’s office declined to comment on the filing, saying the brief “speaks for itself.”
Lawyers for the governor argued in their petition to the high court that the Salazar case does not encompass the question circling the Clean Power Plan lawsuit. A spokeswoman for Hickenlooper said Friday night that the governor’s office was reviewing the brief.
The response comes a day after Coffman faced sharp questions from Democratic lawmakers about the costs and legal conflicts associated with her suit.
Hickenlooper’s office has until Dec. 4 to respond to Coffman’s brief, after which the Colorado Supreme Court will decide whether or not to hear the case. It could take months for the dispute to be resolved if the high court takes on the matter.
The Environmental Protection Agency’s plan is touted by President Barack Obama as a major effort to fight climate change. Colorado is one of roughly two dozen states challenging the new EPA regulations, which seek to cut carbon emissions from coal-burning power plants nationwide by 32 percent before 2030, compared to 2005 levels.
Observers say the dispute between Coffman and Hickenlooper could have ramifications over the next four years as they serve their terms.
“The two of them will have to figure out if this will be the norm — whether this is, in effect, a raised middle finger,” Eric Sondermann, an independent political analyst, said earlier.
Jesse Paul: 303-954-1733, jpaul@denverpost.com or @JesseAPaul
