ROAR petitions Colorado Supreme Court

April 23, 2015: ROAR filed a brief asking the Colorado Supreme Court to reverse the recent decision by the Court of Appeals approving Christo's proposed "Over the River" project.

An earlier appeals court determined that the Colorado State Parks board violated its own regulations when it approved the Over the River project, but concluded that these actions, while “arbitrary and capricious,” were nevertheless “harmless” and upheld the agency's approval of OTR. ROAR asks the Supreme Court to review the case in order to clarify the meaning of “harmless error” in circumstances when an agency arbitrarily and capriciously ignores its own regulations — a question which has ramifications far beyond this particular case.

ROAR further asks the Supreme Court to explicitly disapprove the Parks Board’s tactic of relying on a federal agency (BLM) to determine, sometime in the future, the mitigation conditions for the state permit.

Read ROAR's full statement.  Read the Brief as filed.

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Previous Federal Actions

April 6, 2015: ROAR Filed an Appeal in U.S. Federal District Court:

READ the Appeal Brief as filed.

Federal Court Ruling: On Friday, January 2, 2015, Judge William J. Martinez (Federal District Court, Colorado) issued his opinion upholding the Bureau of Land Management's (BLM) approval of Christo's "Over the River" (OTR)Project along the Arkansas River in Bighorn Sheep Canyon.

While the Court found that BLM 'technically' complied with the National Environmental Policy Act (NEPA) and the Federal Land Policy Management Act (FLPMA), in no way does the court dismiss the destructive nature of the Over the River project.

 


Note: The OTR project continues to be indefinitely delayed with no estimated start date for construction and no display date.