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County attorney signs engagement to join amicus brief in Colorado Supreme Court emissions case
Summary
County Attorney Tarnowski told commissioners he signed an engagement letter to have Montezuma County sign an amicus brief in a Colorado Supreme Court case involving Boulder County and Suncor; the filing argues counties should be able to make local policy decisions about industry and greenhouse‑gas regulation. The filing deadline was imminent.
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County Attorney Tarnowski reported May 19 that he executed an engagement letter to sign Montezuma County onto an amicus brief in a Colorado Supreme Court case involving Boulder County and Suncor.
Tarnowski said the brief takes the position that counties should not be precluded from making policy decisions about industry and in‑county regulation of matters such as greenhouse‑gas emissions, and that similar claims by other counties affect statewide policy authority. He told the board that the filing deadline was very short (the brief was due that Thursday) and that he proceeded to sign the engagement letter to meet the timeline; he also said the board could later discuss withdrawing from the brief after the filing is made.
Tarnowski also updated the board on a scheduled court hearing in the Leaf Properties 'dollar store' case set for Thursday, May 21 at 2 p.m., and on proposed contract changes for this year’s oil-on-chip-seal work (a requested force majeure clause and a one‑year limit on inspection rights). Road staff asked to review the written amendment and the board agreed to table final action until the written document is available.
Tarnowski’s report was informational; no board action beyond acknowledgement and future follow‑up was taken on the amicus brief or the contract wording.

