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Hickenlooper tests AG’s power to sue federal government

DENVER – Gov. John Hickenlooper asked the Colorado Supreme Court on Wednesday to rule that he, not the state’s attorney general, has the final say on whether to sue the federal government.

Hickenlooper’s petition comes after he complained that Attorney General Cynthia Coffman should not have joined about two dozen other states in suing the Environmental Protection Agency over new air pollution rules without his authorization.

Coffman said the rules are an illegal overreach. The governor supports the rules and is trying to implement them.

Jacki Cooper Melmed, chief legal counsel to the governor, said Coffman has filed an unprecedented number of lawsuits without the support of or collaboration with her clients. “This raises serious questions about the use of state dollars and the attorney-client relationship between the governor, state agencies and the attorney general,” Melmed said.

She added that the governor’s decision to petition the state’s high court was not based on the legal merits of the lawsuits, but rather on the function of the state’s executive branch. Hickenlooper is asking the Supreme Court to force Coffman to withdraw lawsuits against the federal government that were filed without his permission.

The petition says that this year, Coffman has “unilaterally enmeshed our state in ideologically charged lawsuits against the federal government.”

Those lawsuits include one in Wyoming over fracking rules, one in North Dakota over clean water rules and the latest in Washington, D.C., over the EPA’s air pollution rules.

Coffman has said she has the right to file lawsuits on behalf of the state. Her spokesman said the AG’s office is reviewing Hickenlooper’s petition.

Coffman “remains confident the court will continue to affirm her independent authority as an elected constitutional officer,” spokesman Roger Hudson said Wednesday night.



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