The Rocky Flats Refuge Preliminary Injunction Table is Set

The Rocky Flats Refuge Preliminary Injunction Table is Set on June 14, 2017 – Updated August 30, 2017.

On May 31, 2017 Plaintiffs filed a Motion for Preliminary Junction to stop US Fish and Wildlife Service from constructing trails and a visitor center at the Rocky Flats National Wildlife Refuge. The May 31, 2017 information is available at https://rockyflatsambushedgrandjury.com/3785-2/. US Fish and Wildlife Service is headed full-speed to spend its more than $10M to construct a Multi-Use facility and trails at the Rocky Flats Refuge. Plaintiffs’ petitioned a Denver US District Court Judge on the belief that FWS forgot or neglected an important US law.

On June 5, 2017 Plaintiffs’ filed an Amended Complaint for Declaratory and Injunctive Relief (Click the Link to view the document).

On June 9, 2017 the US Department of Justice on behalf of the US Fish and Wildlife Service filed several documents:

Government’s Opposition to Plaintiffs’ Motion for Preliminary Injunction

David Lucas Declaration of June 9, 2017

 On June 14, 2017 Plaintiffs filed several documents of their own:

Plaintiffs’ Reply in Support of Motion for Preliminary Injunction

Professor Mark Squillace Declaration

Dr. LeRoy Moore Second Declaration

Jon Lipsky Second Declaration

On June 20, 2017 US District Court Judge Christine M. Arguello, for the District of Colorado, issued her [text only entry] “Order denying without prejudice Motion for Preliminary Injunction – Temporary Restraining Order. Having reviewed Defendants’ Response, the Court finds that Plaintiffs’ Motion is premature. The relevant administrative actions are not final and Defendants provide information that construction will not begin on the project until 2018, at the earliest.”

On June 29, 2017 Plaintiffs Motion for Reconsideration of Preliminary Injunction, and in the Alternative, Permission to Appeal a Controlling Question of Law Inherent in the Court’s Order was filed.

Plaintiffs Motion for Reconsideration on June 29, 2017

Federal Defendants Motion to Dismiss for Lack of Subject Matter Jurisdiction and Memorandum in Support on July 17, 2017.

Federal Defendants’ Opposition to Plaintiffs’ Motion for Reconsideration of Preliminary Injunction, and in the Alternative Permission to Appeal A Controlling Question of Law Inherent in the Court’s Orcer (sic) on July 20, 2017.

Plaintiffs’ Reply to Federal Defendants’ Opposition to Plaintiffs’ Motion for Reconsideration of Preliminary Injunction, and in the Alternative Permission to Appeal Controlling Question of Law Inherent in the Court’s Order on August 2, 2017. Exhibit 1 – Memorandum of Agreement between DOE and Department of Interior, FWS; Exhibit 2 – two (2) pages of the FWS Rocky Flats National Wildlife Refuge CCP; Exhibit 3 – Interagency Agreement (DOE and FWS);Exhibit 4 – “Refuge Website as of Aug. 2, 2017;” Exhibit 5 – FWS $524,300 contract with MWH Americas, Inc., (a Stantec subsidiary) from March 8, 2016 through April 3, 2017; Exhibit 6 – two (2) pages of the FWS, Rocky Flats Sharing Session #3 presentation on February 22, 2107.

On August 14, 2017 Plaintiffs’ Response in Opposition to Defendants’ Motion to Dismiss for Lack of Subject Matter Jurisdiction was filed with the United States District Court, District of Colorado. The filing includes 17 Exhibits. Please – Contact Us – for the Exhibits, by number, or check back until the Exhibits have been posted.

On August 22, 2017 Second Amended Complaint For Declaratory and Injunctive Relief.

On August 28, 2017 Federal Defendants’ Reply in Support of Motion to Dismiss for Lack of Subject Matter Jurisdiction.

On August 30, 2017 Plaintiffs’ Surreply and Plaintiffs Motion for Leave to File Surreply.

Rocky Flats Refuge proposed trails June 9, 2017

Rocky Flats Refuge Trails Alignment from David Lucas, FWS, Declaration on June 9, 2017. HAS ANYONE EVER SEEN THIS ALIGNMENT BEFORE?