Court of Appeals drops contempt citation against clean-air activist in records dispute

The Gazette (Colorado Springs): The contempt citation sought against clean-air activist Leslie Weise, and her appeal of a lower court ruling, both were dismissed Wednesday by the Colorado Court of Appeals.

Weise and Colorado Springs Utilities – which sought the contempt citation – are to pay their own attorney fees and court costs, according to the agreement.

Utilities and the city had asked the court to consider citing Weise for contempt and pursuing punitive sanctions, which could include jail time and fines, because Weise spoke to The Gazette about a document she had been seeking.

Although her attempts to get the air-quality report by AECOM Technical Services Inc. were rebuffed, the appeals court inadvertently sent her that document. She said she returned it to the court without keeping a copy, as ordered. But she discussed some of its contents with a Gazette reporter.

Weise first filed a lawsuit in December 2015 in El Paso County District Court, seeking release of the AECOM report on sulfur dioxide levels from the coal-fired Martin Drake Power Plant. A judge rejected her request last May.

So Weise took her battle to the Colorado Court of Appeals in June.

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