June 7, 2007-Friends of Wolf Creek Update
Court Recommends Extending Wolf Creek Injunction:
Continuing Evidence of Developer Influence Surrounds Case
Dear Friends,
Looks like another Village-free summer at Wolf Creek!
Yesterday morning, US District Court Magistrate Judge David West issued
a recommendation to extend the Preliminary Injunction that has held the
proposed “Village” at
Wolf Creek at a standstill since last fall. The earlier injunction, which
the Court entered November 20, 2006, was set to expire on June 15th. Specifically,
the Magistrate Judge recommended that Senior U.S. District Court Judge John
Kane continue the Injunction until a final decision can be reached on our
lawsuit
(which could occur sometime in late 2007). Our lawsuit challenges the US Forest Service’s
decision to authorize construction of two access roads
across public lands for the purpose of building the
proposed
10,000 person “Village” without analyzing the impacts of the
proposed development.The Magistrate Judge’s recommendations identify a number of potential flaws
with the Forest Service’s access decision that warrant careful
consideration by the Court before allowing any ground disturbing activities
to proceed.
This is great news for our efforts. We are grateful
that the Court has taken the time to review our concerns
and consider what is at stake.
The Judge’s
recommendations are both thoughtful and thorough. Even after our years of work
on this issue, the more we learn about the Forest Service’s Environmental
Impact Statement and the circumstances surrounding its development,
the more alarming this whole matter becomes. The Forest Service claims
it made an informed decision,
but seems to have no idea what was going on behind
its back.
For example, the Judge’s recommendations describe an agreement where “Tetra
Tech was to serve under the direct supervision of the U.S.F.S. to prepare an
environmental analysis for the U.S.F.S.” and which barred most communications
between the Developer and the government contractor developing the EIS--Tetra
Tech. During our lawsuit, thousands of pages of communications have emerged that
show Tetra Tech Director Dr. Mark Blauer and Developer Bob Honts in regular communications
about how to get the Forest Service to “see the light” and
ignore the impacts of the Village in the EIS. Eventually, the Forest
Service gave
up on its earlier commitments and caved in to the pressure from the
developer.
Dr. Blauer and Bob Honts even discussed the developer
getting tickets to NFL Football games for those on
Tetra Tech staff that put their “heart and
soul” into the EIS.
After a 10 day objection period, Judge Kane will
issue and order based on Magistrate Judge West’s
recommendations. Obviously, this is a huge victory
for the public. We are hopeful
that Judge Kane will adopt Magistrate Judge West’s recommendations,
and ensure that no construction occurs on the Village until
a final decision is reached
in
this
case. As the Court continues to review the Forest Service's
flawed decision, we believe that the agency will have
to go back and
objectively
consider all of the environmental
impacts associated with its decision to allow access from
US Highway 160 to the proposed Village site, not just
those arising
from the
footprint of the access
roads themselves.
Meanwhile, McCombs still needs permits from CDOT,
the Army Corps of Engineers, the Colorado Department
of Public Health & Environment,
Mineral County, and others before he can legally begin construction
of the Village. Ongoing
FOWC
efforts will scrutinize and, if necessary, challenge every one of
these processes to ensure that the project remains at a standstill
until all
of the government
agencies involved take a hard look at the project and its thus far
unregulated impacts.
Thanks for continuing to make all of this possible.
Together, the Friends of wolf Creek are having a tremendous
impact.
--
Ryan Demmy Bidwell Colorado Wild |
