Colorado Revised Statutes

Colo. Rev. Stat. § 25-7-121 (2026)

Injunctions

✓ current as of July 2026

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(1) In the event any person fails to comply with a final order of the division or the commission that is not subject to stay pending administrative or judicial review or in the event any person violates any emission control regulation of the commission, the requirements of the state implementation plan, or any provision of or commission rule adopted pursuant to parts 1 to 4 of this article 7, including any term or condition contained in any permit required under this article 7, the division or the commission, as the case may be, may request the district attorney for the district in which the alleged violation occurs or the attorney general to bring, and if so requested it is the district attorney's or the attorney general's duty to bring, a suit for an injunction to:

(a) Prevent any further or continued violation;

(b) Reduce the potential for a recurrence of a violation for which the division has previously commenced enforcement pursuant to section 25-7-115 (2)(c)(I); or

Source: L. 79: Entire article R&RE, p. 1044, § 1, effective June 20. L. 84: (1) and IP(2) amended, p. 775, § 12, effective July 1. L. 92: Entire section amended, p. 1220, § 22, effective July 1. L. 2016: (1) amended, (HB 16-1094), ch. 94, p. 268, § 16, effective August 10. L. 2024: Entire section amended, (SB 24-229), ch. 183, p. 988, § 4, effective May 16.

Editor's note: Section 16(2) of chapter 183 (SB 24-229), Session Laws of Colorado 2024, provides that the act changing this section applies to enforcement actions commenced by the division of administration in the department of public health and environment and the energy and carbon management commission on or after May 16, 2024.

Cross references: For the legislative declaration in SB 24-229, see section 1 of chapter 183, Session Laws of Colorado 2024.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1982–2025 · leading case: United States v. K.P. Kauffman Co., 389 F. Supp. 3d 935 (D. Colo. 2019).

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United States v. K.P. Kauffman Co., 389 F. Supp. 3d 935 (D. Colo. 2019). · cites it 11× “Colo. Rev. Stat. § 25-7-121 (1). The relevant provisions of § 122, which is titled Civil Penalties, states, (1) Upon application of the division, penalties as determined under this article *944 may be collected by the division by action instituted in the district court for the…”

Kourlis v. Dist. Court, El Paso Cnty., 930 P.2d 1329 (Colo. 1997). · cites it 2× “(1991), with the temporary restraining order and preliminary injunction provisions of the Air Act, § 25-7-121(2), 11A C.R.S. (1996 Supp.), which provide the court with prescribed discretion to determine whether such temporary or preliminary relief should be accorded to the state.”

Colorado-Ute Elec. Ass'n v. Air Pollution Control Comm'n of the Colorado Dep't of Health, 648 P.2d 150 (Colo. Ct. App. 1982). · cites it 2× “See § 25-7-121 and 122, C.R.S.1973 (1980 Cum.”

Ctr. Biological v. Dept Pub. Health (Colo. Ct. App. 2025). “…under the law. 35 See §§ 25-7-112, -113 (cease and desist orders); § 25-7-115 (general enforcement authority); § 25-7-121 (injunctions); § 25-7-122 (civil penalties). We are not convinced that the Division’s reliance on these enforcement methods undermines its initial…”

— Colo. Rev. Stat. § 25-7-121(2) — 1 case

Kourlis v. Dist. Court, El Paso Cnty., 930 P.2d 1329 (Colo. 1997). “(1991), with the temporary restraining order and preliminary injunction provisions of the Air Act, § 25-7-121(2), 11A C.R.S. (1996 Supp.), which provide the court with prescribed discretion to determine whether such temporary or preliminary relief should be accorded to the state.”

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