News and Events

September 12: Judge John Kane ordered Christo's Over The River Corporation (OTR) not to begin construction without adequate notice to the Court and all parties. His decision essentially prohibits any OTR construction until the court authorizes it.
Read ROAR's media statement.

Online ART mag "Hyperallergic" reports "Judge Officially Pauses Christo's Colorado Project." (Published Sept.18 reporting the Sept. 12 ruling.)

August 14: Judge Issues Amended Stay for OTR Project
Federal District Judge John Kane has issued the Amended Stay Order in ROAR's lawsuit against BLM, largely favoring ROAR's amendment requests filed July 27. Specified points include:

• The BLM shall not grant/authorize a Notice to Proceed for any portion of the project during the pendency of the Smith appeal before the Interior Board of Land Appeals (IBLA).
• The amendment grants ROAR 60 days after completion of the third party IBLA appeal before any OTR work can begin.
• Judge Kane has ordered both parties to do a joint case management plan, including lodging of the record within 45 days in preparation of future legal proceedings following completion of the administrative appeal.

• Read Judge Kane's Amended Stay Order.
• Read Federal lawsuit background and previous actions.
• Read Media Reports:
  • Pueblo(CO) Chieftain. This story was also published in the Salida(CO) Mountain Mail with the headline "ROAR Wins Battle in its War to Kill Over the River"
  • More detail and explanations in Canon City(CO) Daily Record

Scroll down to read the July 27 Motion and other Federal lawsuit background info.

August 2: Local and National Media cover Christo's announcement of OTR's indefinite delay. Links to some of the stories include:

• Denver Post, plus readers' comments.
• Pueblo Chieftain (So. Colorado paper)
• Colorado Springs Independent
• Canon City Daily Record
• The Republic - AP

July 31, 2012: Christo announces further delay of OTR, due to lawsuits.

• OTR website announcement
• Denver Post

Friday, July 27: ROAR filed a motion in U.S. District Court to ask Judge Kane to amend his Stay issued on July 5, to more strictly accomplish his stated intent to have BLM pause all OTR work while a third party administrative appeal is being considered by the Interior Board of Land Appeals. In part, the motion stated "in order to effectuate the Court's intent, and to preserve the status quo, ROAR requests that the Court amend its order granting the stay to require that BLM be prohibited from issuing the Notice to Proceed to OTR before 180 days after a final decision is issued on the administrative appeal and/or the stay is lifted."

Read the motion document.

Read summary of the motion as explained in press release.

Pueblo Chieftain reports "Group renews its ROAR".

On July 5, 2012, Judge Kane denied BLM's motion to dismiss ROAR's lawsuit. Additionally, he stayed progress of the suit pending the outcome of a separately filed administrative appeal by an individual to the Interior Board of Land Appeals.

Judge Kane ordered BLM, as the defendant, to monitor and effectuate the fact that OTR is expected to honor the Stay he issued, and commence no action on the BLM's November 2011 permit to authorize OTR construction.

On February 1, 2012, Rags Over the Arkansas River (ROAR) filed a lawsuit in Federal Court against the Bureau of Land Management (BLM). The suit alleges BLM violated the Federal Land Policy Management Act (FLPMA) and the National Environmental Policy Act (NEPA) when they approved the "Over the River" project proposed by the artist Christo Javacheff. ROAR is represented by student attorneys from the University of Denver's Environmental Law Clinic under the guidance of Professor Mike Harris. Professor Harris directs the Environmental Law Clinic which is a part of DU's Sturm College of Law.

The Judge's order stated: "While OTR is expected to honor the Stay and commence no action on the agency's November 2011 construction authorization until the administrative appeals process has run its course, OTR is not a party to this action and preservation of the status quo is thus up to Defendants to monitor and effectuate."

Read Judge Kane's document.

Read more in Denver Post and Canon City Daily Record.

Online writer reacts to an NPR story on OTR.

Local Electric Service Co-op concerned about construction and panels under their lines. Read about it.

Prior News and Information

• March 28, 2012: Fremont County approved Temporary Use Permit for “Over the River.” The Commissioners issued the permit with 35 conditions that OTR Corporation must meet, including payments to the county to repay at least some of the costs taxpayers have borne so far. Check Fremont County's website for their posting of the permit conditions.
  ROAR was disappointed but not surprised at this decision. “The 2.5-year construction phase is similar to a mining operation. There will be massive amounts of drilling equipment and cranes, 9,000 holes drilled into the canyon,” ROAR spokeswoman Joan Anzelmo told the Denver Post. “It's so mind-boggling to think the agencies responsible for protecting wildlife and the good of the public have approved this project.”
• February 1, 2012: DU Law School students filed a lawsuit against BLM on behalf of ROAR. See news reports and videos.
• BLM's EIS Record of Decision (ROD) was released Nov. 7, 2011. The public had 30 days to appeal the EIS to the Interior Board of Land Appeals (IBLA), which is a board of Judges in Washington, D.C. Appeals do not halt the start of the project, which could still be implemented if all other permits are obtained and BLM issues the Notice to Proceed.
• Two parties initially filed appeals within the required 30 days. One party subsequently withdrew their appeal; the other is active and is in process. It is this appeal that caused the stay in ROAR's federal lawsuit against BLM. We'll try to keep you posted on this appeal as information becomes available.

OTR cannot begin, however, until BLM issues the "Notice to Proceed." Several other permits must also be obtained for OTR to begin the project.

FEIS, ROD and related info:
• Read the decision and related information from BLM.
• Download the FEIS from BLM
• Read ROAR's FEIS comment letter
• Other Important Information

Read the Parks'/OTR Agreement and ROAR's formal comments.

How to find out more

Docs & Pics page.

How to get involved