June 20, 2015 - Note of Interest: On May 18, 2015, BLM issued a renewed 2920 permit to the Over the River Corporation.
ROAR files Petition for Certiorari in Colorado Supreme Court
June 2, 2015: Today's filing is a follow-up reply to ROAR's April 23 brief which asked the Colorado Supreme Court to reverse an earlier decision by the Court of Appeals (CoA) that upheld Colorado's State Board of Parks and Wildlife permit for Christo's proposed "Over the River" project. While the CoA agreed with ROAR that the Parks Board’s “decision to abandon the special activities permitting regulation and authorize the Project through [an] Agreement was arbitrary and capricious,” it also determined that such approval was "harmless." The question ROAR presents in this Petition to the Supreme Court is whether, as a matter of law, such unlawful decisions can be “harmless” simply because the agency claims, without record support, that it would have reached the same result absent the procedural illegality.
ROAR's arguments are as follows:
- The Court of Appeals Expanded the Harmless Error Doctrine in a manner that undermines the Administrative Procedures Act.
- The Court of Appeals' "harmless error" analysis ignored obvious prejudice in this case.
- State agencies may not simply defer to Federal agencies applying Federal law and Federal standards.
We invite you to JOIN ROAR or DONATE to help us protect The Arkansas River and Bighorn Sheep Canyon.
Previous Federal Actions
April 6, 2015: ROAR Filed an Appeal in U.S. Federal District Court:
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.