Judge Matsch responded: “I understand the public interest but there is also the natural environment’s interest, which is what this is all about.”
Photo courtesy of: Alex Pullen
I’m a bit embarrassed that I didn’t know about this petition until today, but its a crowded life and there’s only so much bandwidth. That’s why networking is important - and why I believe there needs to be more communication between like-minded folks if we hope to have real impact. But I reckon that’s a different story.
Rocky Mountain Wild started this petition to
For 30 years conservation groups, outdoor enthusiasts, and local residents have fought to protect Wolf Creek Pass in southwestern Colorado.
At over 10,000 feet in elevation, the pass connects two wilderness areas and is a hot spot for biodiversity. Wildlife, including black bear, elk, and the rare Canada lynx use this area to move between large undeveloped swaths of forest. Irreplaceable fen wetlands are the home to hundreds of plant and bird species. And, the deep winter snowpack provides much-needed water to downstream communities and agriculture.
The pass is also the home of Wolf Creek Pass Ski Area, one of Colorado's last remaining family-owned ski areas. Wolf Creek is cherished for providing a nostalgic ski experience. Free from traffic, long lines, condos, nightclubs and chain restaurants, skiers at Wolf Creek are treated to deep powder at affordable prices.
Unfortunately, a questionable land exchange in 1987 gave Texas billionaire B.J. "Red" McCombs a private parcel at the base of the ski area. Mr. McCombs and his business partners have repeatedly tried to develop a massive "village" for 10,000 people on this site. They have been stopped by the Courts, who have consistently found that the developers have not conducted a complete environmental analysis of their scheme.
Now, however, hidden from public view and input, the developers are attempting to brush Federal Court decisions and environmental laws aside and pressure local Forest Service staff into granting them increased access to their parcel. Their goal is to start construction this summer.
You can help us keep Wolf Creek Pass wild! Please sign the petition urging Rio Grande National Forest Supervisor Dan Dallas to uphold Federal Court decisions and stand up to back channel pressures. Together, we can stop the bulldozers on Wolf Creek Pass.
_________________________________________________
Some important background information can be found at:
… Barclay Samford, an attorney for the Department of Justice, claimed that the Forest Service stated that the land exchange was considered a better option than easements it would have had to manage and maintain. “It’s actually better for the public interest to use the land exchange,” Samford said.
Judge Matsch responded: “I understand the public interest but there is also the natural environment’s interest, which is what this is all about.”
On May 19, 2017, Judge Matsch found that the Forest Service “failed to consider important aspects of the issues before them, offered an explanation for their decision that runs counter to the evidence, failed to base their decision on consideration of the relevant factors, and based their decision on an analysis that is contrary to law.”
The Court rejected the Forest Service conclusion that it lacked any control over the use of the private parcel.
The Court explained that “there is no legal or logical basis for Defendants position that the Forest Service had no power or jurisdiction to limit or regulate development on the federal lands being conveyed to LMJV in the present exchange.”
The Court was troubled by the fact that the Forest Service previously conditioned use of the original parcel created in 1986 “with a scenic easement that limited development.”
Judge Matsch was also concerned with the fact that “development resulting from the Forest Service’s approval of the land exchange will adversely impact an endangered species, yet fails to comply with the statutory requirements for the protection of that species.”
The species the Court was referring to is the Federally listed Canada lynx which would have been harmed had the Village construction and operation commenced.On June 16, 2017, The Leavell-McCombs Joint Venture filed a Motion to Reconsider asking Judge Matsch to reconsider his decision, alleging that Judge Matsch suffered from “a misapprehension of controlling law and facts.”
On September 14, 2017, Judge Matsch denied this Motion describing the Forest Service’s Wolf Creek Decision as “a patent effort to circumvent [the agencies] obligations to protect the natural environment of the Forest.” Judge Matsch again reiterated that the Forest Service’s decision was unlawful and an “attempt at an artful dodge of its responsibility.”
On October 16, 2017, the Leavell-McCombs Joint Venture filed an appeal to Judge Matsch’s decision that the Village at Wolf Creek development was approved “contrary to law.”
On May 9, 2018, the Leavell-McCombs Joint Venture filed the appellate opening brief, but the US Forest Service declined to appeal the Order issued by Judge Matsch. Since the Leavell-McCombs Joint Venture was an intervenor in the lawsuit, there’s a chance that it can’t proceed with the appeals process.
In early June 2018, Friends of Wolf Creek learn of a letter that Leavell-McCombs Joint Venture sent to the Forest Service in January demanding that the Forest Service simply ignore recent court decisions and instead approve road construction to begin the proposed real estate development.
In response, Friends of Wolf Creek started a petition urging Rio Grande National Forest Supervisor Dan Dallas to uphold Federal Court Orders and stand up to back channel pressures.
Despite over 2,300 signatures gathered in a little over a month, on July 19, the Rio Grande National Forest announced its intention to circumvent a federal court ruling that invalidated prior approvals for the controversial Village at Wolf Creek real estate development. …
{As of this writing the petition is about to pass 3,000 signatures with a goal of attaining 5,000, please add your name.}
____________________________________________
Regarding commenting on the new Draft Decision:
Village at Wolf Creek Environmental Impact Statement and draft Record Of Decision
are available on-line at:
Comments are to be sent to before September 4th to:
Reviewing Officer, Tammy Whittington,
Deputy Regional Forester,
USDA Forest Service, Region 2,
1617 Cole Blvd., Building 17,
Lakewood, Colorado 80401
or email r02admin_review@fs.fed.us.
________________________
For some helpful tips see:
Submitting Your Objection to the Village at Wolf Creek Pass Road Access Project
Posted on July 27, 2018 by Chris at Rocky Mountain Wild
No comments:
Post a Comment