Showing posts with label VWC landswap court ruling. Show all posts
Showing posts with label VWC landswap court ruling. Show all posts

Wednesday, October 18, 2017

UPDATE Oct18th, they're baaack. Red appeals Judge Matsch's VWC decision.


So sad, nothing is ever learned.  

The McCombs have turned a deft ear to all the reasoned arguments.  Facts don’t seem to matter.  Objectively speaking, considering the community, the Rio Grande River, the Alberta Park watershed, all would best be served by that Alberta Park parcel being left alone to continue fulfilling it’s biological and hydrological services as the keystone to the Wolf Creek watershed and wilderness and an integral part of the Rio Grande National Forest from which it was absconded through a 1980s game of shady land grab poker.

Only obsessive greed and some bizarre need to despoil land for the sake of proving one’s own mastery can explain such obsession.  Here we go again.  

For a look at Senior Judge Matsch’s Order May 21, 2017 see the end of this post.

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Village at Wolf Creek appeals decision blocking access

Opponents say Forest Service skirted its duties
By Jonathan Romeo Herald staff writer, the DURANGO HERALD, October. 16, 2017


Leavell-McCombs Joint Venture – spearheaded by Texas billionaire B.J. “Red” McCombs – has filed an appeal with the next tier of the federal court system, challenging a previous federal judge’s decision that the massive development atop Wolf Creek Pass was approved “contrary to law.”

“The Joint-Venture believes strongly the project is a good project and the Forest Service did everything it needed to do to study the environmental impacts of that project,” said Bill Leone, an attorney representing the developers. The appeal was filed Friday.  …


In May, Judge Richard P. Matsch, a senior U.S. district judge for the District of Colorado, in no uncertain terms, agreed.

“What NEPA (National Environmental Policy Act) requires is that before taking any major action, a federal agency must stop and take a careful look to determine the environmental impact of that decision, and listen to the public before taking action,” Matsch wrote in his decision. “The Forest Service failed to do that.”

In September, Matsch denied a request from Leavell-McCombs Joint Venture to reconsider the May decision.
“The Forest Service cannot abdicate its responsibility to protect the forest by making an attempt at an artful dodge,” Matsch wrote in that decision. …

Sunday, May 21, 2017

Village At Wolf Creek developments - collection of news stories, May 2017



In a significant win for opponents of the Village at Wolf Creek, a federal judge on Friday invalidated the U.S. Forest Service’s decision to approve a land exchange that would have essentially served as a green light for a new resort atop the remote mountain pass.

“The order rules in the favor of community groups who have been fighting this ill-conceived project for decades,” said Travis Stills, an attorney with Energy & Conservation Law. “This is an important decision that respects the law, the environment and, importantly, agency staffers who tried to protect the national forest, despite the constant barrage of political pressure.” …

For nearly three decades, Leavell-McCombs Joint Venture has sought to build a resort with a capacity for an estimated 8,000 to 10,000 people on the mountain pass at nearly 10,000 feet and more than 20 miles from the nearest town.

… Senior Judge Richard P. Matsch in no uncertain terms agreed with those concerns. …  


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VICTORY FOR THE CANADA LYNX AT WOLF CREEK!
San Luis Valley Ecosystem Council


We did it!! Denver Judge Matsch ruled that federal agencies did not complete the work that must be done to review developmental impacts a large scale ski resort would have on the National Forest at Wolf Creek Pass, and that any future village proposal must include that review. Thank you to Rocky Mountain Wild, the San Luis Valley Ecosystem Council, San Juan Citizens Alliance, and Wilderness Workshop for making this possible! See the press release and court document at the links below.



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BIG WIN: Judge Nullifies Land Exchange Critical to 
Village at Wolf Creek (development)

Judge Matsch’s decision validates nearly every complaint we had regarding the Forest Service’s botched attempt at an Environmental Impact Statement. They shirked their responsibility to assess the impacts of development and disregarded significant public input. Your input.
In a world where billionaires too often get their way, regardless of how they play the game, this is a reassuring testament to the power of democracy and everyday people to speak out and make a difference,.

See full Press Release below:

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PRESS RELEASE: Federal Judge Sets Aside Forest Service Wolf Creek Land Exchange

Denver, CO — The Honorable Senior Judge Richard P. Matsch issued an Order today affirming 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.” This Order concludes another chapter in this decades long saga to protect Wolf Creek pass from a large scale residential and commercial development that could accommodate 8,000 to 10,000 visitors.


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MONDAY, JUNE 29, 2015
Pictures of Alberta Park the proposed site for the luxury Village at Wolf Creek

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TUESDAY, JANUARY 19, 2016
Concise History of the Village at Wolf Creek - San Juan Citizens Alliance

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THURSDAY, MARCH 4, 2010
The Back Story ~ Village at Wolf Creek ~ presented by Ryan Bidwell 
(at the time Executive Director of Colorado Wild)

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MONDAY, OCTOBER 17, 2011
Alberta Park's Rio Grande Nat'l Forest Service....... 'open house hike' September 20, 2011
(revised 2/26/12 to reflect final draft)

… Considering the great controversy surrounding this project the Rio Grande National Forest decided to sponsor a four hour field trip/hike September 20th through Alberta Park, site of the proposed development. Led by District Ranger Tom Malecek the tour was intended to inform the interested public about the project as well as offering a friendly setting for folks to speak with various participants. …

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THURSDAY, JUNE 4, 2015
June 4, 2015 - Wolf Creek Land Exchange - Inside Durango TV

Updated 6/6/2015 - Supervisor Dallas responds to my questions 

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TUESDAY, JANUARY 19, 2016
Index of Posts - NO-Village at Wolf Creek - Rio Grande National Forest ( January 2016)

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TUESDAY, JANUARY 19, 2016
RGNF asks for patience, wait for the judge to judge.

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SUNDAY, JANUARY 17, 2016
When is enough, enough - Rio Grande Nat'l Forest and Red McCombs?

Forest Service Actively Concealed And Destroyed Information Concerning Planned Development On Wolf Creek Pass
Advocacy groups push for release of records from senior officials 

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THURSDAY, OCTOBER 1, 2015
Judge rules agency inexplicably withheld information from public

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WEDNESDAY, MAY 20, 2015
Celebrating Alberta Park and Honoring Wolf Creek

Art for the Endangered Landscape:  Honoring Wolf Creek 
Friends of Wolf Creek is planning an informative and inspiring art opportunity this summer, honoring Wolf Creek Pass. Artists of all disciplines will converge at the Wolf Creek Ski Area on Saturday June 20, 2015 to spend the day in the creative process. 






Saturday, May 20, 2017

UPDATE - VWC-RGNF deal tossed out! Judge Rejects Flawed Process - RockyMtnWild Press Release


ROCKY MTN WILD, PRESS RELEASE: Federal Judge Sets Aside Forest Service Wolf Creek Land Exchange


For Immediate Release, May 19, 2017

Federal Judge Sets Aside Forest Service Wolf Creek Land Exchange

Any future Village Proposal Must Address Development Impacts on the National Forest and Lynx

Denver, CO — The Honorable Senior Judge Richard P. Matsch issued an Order today affirming 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.” This Order concludes another chapter in this decades long saga to protect Wolf Creek pass from a large scale residential and commercial development that could accommodate 8,000 to 10,000 visitors.
“This ruling is an incredible victory for the flora and fauna that rely on Wolf Creek pass for their survival,” stated Tehri Parker, Executive Director of Rocky Mountain Wild. “This order specifically recognizes the ‘unique’ environmental qualities of this region, and the role that it plays as a wildlife movement corridor between the Weminuche and South San Juan Wilderness areas. We couldn’t be happier with this outcome and getting this great news on Endangered Species Day!”