ROAR Filing Asks for "Law above Politics"

August 13, 2015: ROAR filed a brief in the United States Court of Appeals for the Tenth Circuit asking the Court to overturn BLM’s decision to permit the OTR project. In this brief, the Colorado-based all-volunteer organization opposing Christo's industrial scale "Over the River" (OTR) project asks the Court to place the rule of law above politics; to reaffirm that the content of our nation’s statutes and regulations must ultimately direct the outcome of regulatory permitting decisions.

ROAR argues that the Over the River project proposed by Christo cannot be found to meet the consistency requirement of the Federal Land Policy and Management Act (FLPMA).

ROAR’s brief focuses on three key arguments:

  1. Of the four interpretations of FLPMA’s consistency requirement offered to this Court, three do not merit deference from the Court.
  2. The appellees ignore BLM’s duty to “protect” resources in the Arkansas Canyonlands ACEC.
  3. The appellees have not disputed that the OTR project, particularly during construction, will be a visual blight that is contrary to the area’s Class II Visual Resource Designation

READ ROAR's Brief as filed in Federal Court.


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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.