Antero Treatment, LLC v. Veolia Water Technologies, Inc.

2023 CO 59. No. 23SA133. Statutory Interpretation—Supersedeas—Bonds.

December 4, 2023

In this original proceeding, the Supreme Court addressed whether the $25 million supersedeas bond cap set by CRS § 13-16-125(1) is unconstitutional. The Court concluded that the statute does not unconstitutionally infringe on the Court’s rulemaking authority as exercised in CRCP 121 § 1-23(3)(a), and that the statutory bond cap does not violate equal protection principles. Finally, the Court concluded that the trial court did not abuse its discretion by refusing to order post-judgment discovery or security beyond the $25 million supersedeas bond. Therefore, the Court discharged the rule to show cause.