DURHAM, Chief Justice: INTRODUCTION 1 James O. Kennon and Dick Cumiskey appeal the decision of the Utah Air Quality Board (the Board) denying their Request for Agency Action. The Request for Agency Action sought the invalidation of a 2004 approval order granted to the Sevier Power Company (the Power Company) because, Kennon and Cumiskey argued, the Division of Air Quality failed to revoke, or even adequately review, the approval order after the Power Company failed to commence construction...
