Summer of 2018
The Plaintiffs in re: Rocky Mountain Peace and Justice Center, et al, Plaintiffs, v. US Fish and Wildlife Service, US Department of Transportation, et al, Defendants filed their Reply in Support of Plaintiffs’ Motion for Preliminary Injunction.
- A full-day hearing on Plaintiffs’ Motion for Preliminary Injunction is set for July 17, 2018 at 9:00 a.m., in Courtroom A 701 before Judge Philip A. Brimmer.
- Click to read further details including Exhibits and Declarations in this important legal case.
Spring of 2018
With the filing of the Motion for Preliminary Injunction in re: Rocky Mountain Peace and Justice Center, et al, Plaintiffs, v. US Fish and Wildlife Service, US Department of Transportation, et al, Defendants; Dr. Mark B. Johnson, MD, MPH, and Executive Director, Jefferson County Public Health contributed his Declaration for the Plaintiffs. Dr. Johnson is not a Plaintiff in this action however he documented a “considered position on the opening of Rocky Flats for public trails and a visitor center.” The media attention has been more than informative: Former Rocky Flats workers reunite after federal court motion filed to stop wildlife refuge opening; The Rocky Flats scare brigade gains a new general; Official Blasts Critic of Nuclear Plant Cleanup; Nothing but flowers? Debate rages as Rocky Flats National Wildlife Refuge prepares to open; After decades of secrets, Rocky Flats still gives me pause; Spence Havlick: Rocky Flats: Superfund site to super contentious refuge; and, Rocky Flats: The refuge with a radioactive past.
- On June 3, 2018 David Lucas, US Fish and Wildlife Service and individual federal defendant, allegedly sent an email criticizing Dr. Mark B. Johnson. On June 19, 2018 Mickey Harlow, Jon Lipsky, Paula Elofson-Guardine, Susan Elofson-Hurst, Randy Stafford and Professor Emeritus Michael Ketterer Ph.D., provided public comments supporting Dr. Mark B. Johnson, MD, MPH and Jeffco Executive Health Director and to keep the Rocky Flats Refuge closed to human access before the Jefferson County, Colorado Commissioners. Jeffco Open Space Director Tom Hoby, who was called on the carpet, tried to provide a supporting role. The meeting video was published on June 20, 2018, Public Comment begins at the 37:55 time mark of the below Jefferson County Commissioners’ Meeting video link: http://jeffersonco.granicus.com/MediaPlayer.php?view_id=5&clip_id=2538
Rocky Flats: Uncovering the Cover Up” is a short video by five (5) young ladies attending Boulder High School. Under the National History Day category of Senior Group Category; Eva, Jordan, Leah, Maddie and Presley placed first in Colorado.
“On the Tracks at Rocky Flats” a short video by Joe Daniel, Directed by Erik Sween:
On June 20, 2018 US District Court Judge Philip A. Brimmer issued his Minute Order: “A full-day hearing on Plaintiffs’ Motion for Preliminary Injunction  is set for July 17, 2018 at 9:00 a.m. in Courtroom A 701 before Judge Philip A. Brimmer. Any motions in limine or motions to strike shall be filed on or before June 28, 2018; responses shall be filed on or before July 6, 2018. By Judge Philip A. Brimmer on 6/20/18. Text Only Entry (pabsec). The Plainfiffs’ Witness list is at Plaintiffs Witness list filed on June 15, 2018 and the Government Defendants’ Witness List is at Government Defendants’ Witness List filed on June 19, 2018
On June 11, 2018 Defendants’ US Fish and Wildlife Service filed their Federal Defendants Opposition to Plaintiffs Motion for Preliminary Injunction in Denver US District Court case 1:18-cv-01017-PAB.
On May 31, 2018 Rocky Mountain Peace & Justice Center, Candelas Glows, Rocky Flats Right to Know, Rocky Flats Neighborhood Association, and Environmental Information Network, through their attorneys Randall Weiner, Annmarie Cording, Dana Stotsky and Andrew Ogen, filed “Plaintiff’s Motion for and Memorandum in Support of Preliminary Injunction” regarding the Rocky Flats National Wildlife Refuge. The Complaint for this case was filed on May 1, 2018 and available on this page.
On April 26, 2018 Denver Public Schools ratified its “Ban of Denver Public Schools Sponsored Field Trips to the Former Rocky Flats Nuclear Weapons Manufacturing Facility Site:”
On May 1, 2018 the Rocky Mountain Peace & Justice Center, Candelas Glows, Rocky Flats Right to Know, Rocky Flats Neighborhood Association, and Environmental Information Network, through their attorneys Randall Weiner and Dana Stotsky filed a federal civil action against the U.S. Fish and Wildlife Service, Secretary Ryan Zinke, Director Greg Sheehan and Project Manager David Lucas for failing to follow NEPA. Complaint – 20180501 RMPJC v USFWS.
Denver Public Schools bans school field trips to the Rocky Flats National Wildlife Refuge. The Denver Post, John Aguilar reported on April 29, 2018: “Nearly 300,000 Colorado public school students now barred from making field trips to Rocky Flats. Denver Public Schools latest, and biggest, district to ban school visits to soon-to-open wildlife refuge.” Seven Colorado school districts have decided to ban school field trips to Rocky Flats!
“The Cover-Up of Rocky Flats Crimes” on Saturday, April 28th from 2-3p with Jon Lipsky, FBI, Retired; and, the Honorable Wes McKinley, Foreman of the Rocky Flats Special Federal Grand Jury 89-2.
On April 2, 2018 Ms. Pat Mellen, Esquire, of Pat Mellen Law LLC, presented her “Rocky Flats: Concerns & Challenges” rebuttal before the Rocky Flats Stewardship Council (RFSC) in rebuttal to the February 5, 2018 Colorado Department of Public Health and Environment (CDPHE) presentation “Rocky Flats: Myths & Misunderstandings” before the RFSC. This important, insightful and thought-provoking linked video presentation is as follows:
Rocky Flats: Uncovering the Coverup – by Jordan Appel, Presley Church, Madison Fischer, Eva Murdock and Leah Yonemoto-Weston. Jordan, Presley, Madison, Eva and Leah attend Boulder Valley High School and are the 2018 State Qualifiers for National History Day in Colorado. These young ladies placed first under the Senior Group Documentary Category with a trajectory that includes National History Day. The National History Day 2017-2018 Theme: Conflict and Compromise in History.
On March 23, 2018 U.S. Fish and Wildlife Service provided the following “Proposed Amenities-Trails” map – “The trail system at Rocky Flats NWR will be be opened to public use in Summer 2018.” USFWS Public Engagement Summary.
In November 2017 the U.S. Department of Transportation, Federal Lands Highway Division in concert with the U.S. Fish and Wildlife Service rendered a Site Map for the Rocky Mountain Greenway (RMG) Trails through the Rocky Flats National Wildlife Overlay Refuge (ROFL). The latest evolution of ROFL trails is depicted as follows:
Winter of 2018
On February 8, 2018 Jason E. Glass, Ed.D – Superintendent & Chief Learner, Jeffco Public Schools (JPS), Jefferson County, Colorado directed staff to schedule no visits to the Rocky Flats National Wildlife Refuge without requesting prior approval from his office. This campaign involves Keep Kids off Rocky Flats, Rocky Flats Right to Know, Rocky Flats Technical Group and Rocky Flats Nuclear Guardianship.
Fall of 2017
On December 6, 2017 Adams 12 Superintendent announced that he will make a policy to not allow school field trips to the Rocky Flats National Wildlife Refuge.
On October 10, 2017 Adams County School District 14 banned school-sponsored field trips to the former Rocky Flats Nuclear Weapons Manufacturing facility site:
On September 29, 2017 Veronica Gleaton, Executive Assistant to the Westminster Board of Education & Superintendent confirmed that Dr. Pamela Swanson, Superintendent, committed to not allow school field trips to the Rocky Flats National Wildlife Refuge.
On September 29, 2107 USDC Judge Christine M. Arguello issued her ORDER DENYING PLAINTIFFS’ MOTIONS FOR RECONSIDERATION AND LEAVE TO AMEND AND GRANTING DEFENDANTS’ MOTION TO DISMISS.
As of September 28, 2017 the Kindle Edition of The Ambushed Grand Jury non-fiction and non-profit book is available! Free PDF version THE AMBUSHED GRAND JURY non-fiction and non-profit book is available by clicking the embedded link.
Summer of 2017
On September 5, 2017 USDC Judge Christine M. Arguello granted Plaintiffs’ Motion for Leave to file Surreply and further Ordered that Plaintiffs’ Surreply is accepted by the Court. The Court ordered for Plaintiffs’ Surreply to be filed with the Court.
On August 30, 2017 Plaintiffs’ Surreply was filed in U.S. District Court for the District of Colorado regarding the Federal Defendants’ Reply in Support of Motion to Dismiss for Lack of Subject Matter Jurisdiction.
On August 22, 2017 Plaintiffs filed their Second Amended Complaint For Declaratory and Injunctive Relief with the U.S. District Court for the District of Colorado.
On August 17, 2017 Kyra Buckley, KUNC Greeley, Colorado aired “Proposed Rocky Flats Visitor’s Center Renews Debate Over What to do with former Nuclear Site.”
On August 14, 2017 Plaintiffs suing US FWS at the Rocky Flats National Wildlife Refuge filed their – Plaintiffs’ Response in Opposition to Defendants’ Motion to Dismiss for Lack of Subject Matter Jurisdiction.
On August 14, 2017 John Aguilar, The Denver Post, published “Long-stalled 470 beltway hits another snag, as FAA says northwest link would “introduce new safety risks.”
On August 2, 2017 Plaintiffs suing US FWS at the Rocky Flats National Wildlife Refuge filed their Reply to Defendants’ Opposition to Plaintiffs’ Motion for Reconsideration of Preliminary Injunction.
On July 13, 2017 John Aguilar, The Denver Post, published “Jeffco Officials dig in their heels against proposed prairie dog relocation at Rocky Flats.”
On July 12, 2017 Jeff Todd and KCNC CBS4 Denver aired “Former Rocky Flats Neighbors Share Health Horror Stories.”
On July 12, 2017 Rick Sallinger and KCNC CBS4 Denver aired “Refuge Would Allow Visitors on Rocky Flats Site, But ‘Donut Hole’ To Remain Restricted.”
On July 11, 2017 Rick Sallinger and KCNC CBS4 Denver aired “Confidentiality Agreements Broken in Attempt to Warn About Rocky Flats.”
On July 10, 2017 Rick Sallinger and KCNC CBS4 Denver aired “Building a Community in Colorado’s Nuclear Shadow.”
On July 10, 2017 Rick Sallinger and KCNC CBS4 Denver aired “Rocky Flats: Colorado’s Nuclear Shadow.”
On July 10, 2017 Rick Sallinger and KCNC CBS4 Denver aired David Wood, Ph.D., and living at Candelas. Dr. Wood’s reliance on a gamma reader and sampling imported mulch gave him a comfort zone from plutonium239.
On July 9, 2017 Rick Sallinger and KCNC CBS4 Denver promo-video for “Rocky Flats: Colorado’s Nuclear Shadow.” Expect it to be a series of nightly investigative journalism.
On July 7, 2017 John Fryar, Daily Camera, published his story “Proposal to move prairie dogs from Longmont to Rocky Flats stirs opposition.”
On July 6, 2017 Karen Morfitt, KCNC CBS4 Denver aired her piece “Prairie Dogs To Be Relocated to Former Nuclear Weapons Facility.”
On July 6, 2017 Anica Padilla and Tammy Vigil, KDVR Fox31 Denver reporters, published their coverage of “Activists say moving prairie dogs to Rocky Flats could unearth plutonium.”
On July 6, 2017 Plaintiffs suing US FWS at Rocky Flats sent a letter to the DOJ attorney concerning FWS intentions to import prairie dogs from Longmont, Colorado to the Rocky Flats National Wildlife Refuge.
On June 29, 2017 Plaintiffs (local Denver citizens’ group) filed their Motion for Reconsideration of Preliminary Injunction, and in the Alternative, Permission to Appeal a Controlling Question of Law Inherent in the Court’s Order with the Court.
Josh Schlossberg and the Boulder Weekly published their Breach of Trust? – Rocky Flats dam removal dredges up contamination concerns article on June 29, 2017. The U.S. Department of Energy has scheduled the breach of the terminal ponds on North Walnut Creek, South Walnut Creek and Woman Creek as early as 2018.
Ryan Grenoble, Huffington Post, article “Rocky Flats Made Nukes. Then It Made a Mess. Now It’s About to Become a Public Park” on June 21, 2017.
Spring of 2017
On June 20, 2017 U.S. District Judge Christine Arguello ruled that the Preliminary Injunction was “premature.” Please see John Aquilar’s Denver Post article.
On May 31, 2017 local citizens filed a Motion for Preliminary Injunction with a federal Denver court to halt the U.S. Fish and Wildlife Service from proceeding with construction of their proposed trails, visitor center and guided tours at the Rocky Flats National Wildlife Refuge.
On May 17, 2017 several Denver area local community groups filed a federal civil lawsuit against the U.S. Fish and Wildlife Service concerning proposed Multi-Use Trails and a visitor center at the Rocky Flats National Wildlife Refuge.
On May 10, 2017 St. Vrain Valley School Board announced the decision of the school district to ban school-sponsored field trips to the Rocky Flats National Wildlife Refuge. The announcement by President Robert J. Smith begins at about the 2:00 minute mark of the archived video.
Josh Schlossberg and the Boulder Weekly published their Buried in the past? – Health concerns resurface with public opening of Rocky Flats Wildlife Refuge – on May 11, 2017. The article mentions the March 14, 2017 Boulder Valley School District Resolution No. 17-07 “Ban of BVSD School Sponsored Field Trips to the former Rocky Flats Nuclear Weapons Manufacturing Facility. A copy of the signed version below:
Winter of 2017
KGNU, independent community radio, Boulder published “Continued Opposition to the Rocky Flats Wildlife Refuge.” Maeve Conran interviewed Bonnie Graham-Reed, Marian Dancing Water Whitney and Jon Lipsky in anticipation of U.S. Fish and Wildlife Service Rocky Flats Sharing Session #3 on February 22, 2017. Bonnie and Marian promote Rocky Flats Right to Know to keep kids off Rocky Flats and advocate permanent signage at Rocky Flats. Jon is a former FBI Agent who led the raid at the Rocky Flats Nuclear Weapons Plant, Golden, Colorado on June 6, 1989 and a federal court subject matter expert witness for the Plaintiffs in the recently settled ($375 million) adjacent property suit. The KGNU and Maeve Conran piece is at http://news.kgnu.org/2017/02/continued-opposition-to-the-rocky-flats-wildlife-refuge/
Fall of 2016
The latest tab “USW Local 8031” will be populated with United Steel Workers (USW) Local 8031 Rocky Flats Nuclear Weapons Plant – Safety Concerns – and other related documents from that era. Union employees concerned about safety and health issues at Rocky Flats submitted their documents through Local 8031 to the Joint Company-Union Safety Committee. The Local 8031 documents were donated to Ms. Terrie Barrie, Alliance of Nuclear Workers Advocacy Groups (ANWAG) in August 2016. On November 30, 2016 Ms. Barrie presented over 100 Local 8031 Safety Concerns to the NIOSH Advisory Board on Radiation and Worker Health during their public comment period on behalf of Rocky Flats nuclear workers. Please read Ms. Barrie’s statement and list of evidence at https://rockyflatsambushedgrandjury.com/errie-barrie-anwag-presents-rocky-flats-safety-concerns/.
Summer of 2016
The newest tab “REFERENCE MATERIALS” includes descriptions and links to source documents from the 1992 Congressman Howard Wolpe (D-MI) Congressional Sub-Committee Hearings, Freedom of Information Act (FOIA) requests, direct U.S. Government agency requests and anonymous sources. The reference materials were used in “The Ambushed Grand Jury” non-fiction and non-profit book. The source documents were not intended to see the light of day. New documents and descriptions are being added on a frequent basis.
Spring of 2016
The May 2016 – 5280 Denver’s Mile High Magazine – published “Rogue Agent” a feature article authored by Quentin Young. The article features Jon LIpsky and the Rocky Flats National Wildlife Overlay Refuge. The article was one of 5280’s Top Ten Longreads for 2016. The article is available online at http://www.5280.com/news/magazine/2016/04/rogue-agent?page=full.
Proposed bike trails through the Rocky Flats National Wildlife Refuge
As early as February 10, 2016 the U.S. Fish and Wildlife Service (FWS) and the U.S. Department of Energy (DOE) pursued their re-written version of the Rocky Flats Superfund site with staff of seven (7) Colorado entities concerning the Rocky Mountain Greenway bike trail system. The updated U.S. Government vision of the Rocky Mountain Greenway is to construct a bike trail system between the Rocky Mountain Arsenal (a former Superfund site) through the Rocky Flats National Wildlife Refuge (another former Superfund site) to the Rocky Mountain National Park. In support of bike trails through the Rocky Flats National Wildlife Refuge (Refuge), FWS has dangled a U.S. Department of Transportation (DOT) grant proposal to construct bike trail connectors on the eastern and northern sides of the Refuge. The Federal Land Access Program (FLAP) grant involves a 17.21% contribution from local municipalities in support of the DOT funding the other 82.79% for what is expected to be a multi-million dollar construction project.
FWS had no published plans to accommodate bike trails through the Rocky Flats National Wildlife Refuge. All evidence to the contrary, in its November 23, 2011 Environmental Assessment (EA), under authority of the National Environmental Policy Act (NEPA), FWS rejected the City of Golden’s application to construct bike-only paths through the Refuge, Right-of-Way (ROW). FWS conveniently cited the provisions of the Rocky Flats National Wildlife Refuge Act of 2001 and Congressional Record, in this instance, that a bike path without associated roadway improvements does not meet the requirements of the law. The eastern side of the Refuge, 300 feet west of Indiana, was designated as a Right of Way, transportation corridor. Now and without an EA, FWS is promoting a bike-only path through the Refuge ROW. By the way, the FWS deadline to inhabit the Refuge with humans is 2016.
Jefferson County, Colorado applied for the FLAP grant with DOT to connect the Rocky Mountain Greenway through the Rocky Flats National Wildlife Refuge. The Rocky Flats National Wildlife Refuge completely surrounds the currently active Rocky Flats Superfund site also known as Department of Energy Legacy Site. On February 10, 2016 a Boulder, Colorado Open Space Board of Trustees Meeting, Agenda item 5, included the FLAP grant briefing. A 7-minute video is available for background information.
The misinformation, cover-up or re-writing of Rocky Flats history was well on its way to municipal approval for the bike trails and Rocky Mountain Greenway connectors on Indiana Street and Colorado-128 through the Rocky Flats National Wildlife Refuge.
On April 4, 2016 FWS conducted its type of public engagement – more like a one-way conversation – to announce its Rocky Flats National Wildlife Refuge bike trail connection with the Rocky Mountain Greenway at the Rocky Flats Stewardship Council meeting. Contrary to its own EA decision and public engagement policy, FWS presented a schematic of the proposed bike trail system and Visitor Center. On April 22, 2016 Jeffco Parks produced a FLAP video featuring David Lucas, FWS that includes inaccurate statements concerning Rocky Flats. More about FWS public engagement policy regarding Rocky Flats, please view the video of FWS Director Dan Ashe’s commitments, under oath, to Congressman Jared Polis (D-CO).
For context: “SUPERFUND SITE” added
Beginning April 5, 2016 members of the Rocky Flats Technical Group attended scheduled Council, Commission and Trustee meetings for Arvada, City of Boulder, Boulder County, Broomfield, Jefferson County, Superior and Westminster, Colorado to enlighten Councilors, Commissioners and Trustees that the Rocky Mountain Greenway should go around the Rocky Flats National Wildlife Refuge and not through it. Though the Town of Superior was the only municipality to vote no to the grant the majority of the remaining votes included the contingency of environmental sampling and that the Rocky Flats Technical Group is to be consulted.
The following archived audio and video recordings document the efforts and results, thus far, of the Rocky Flats Technical Group:
Date Municipality Agenda Item Media
February 10, 2016 City of Boulder, OSBOT #5 Video
April 5, 2016 Boulder County #2 Video
April 5, 2016 Westminster Not designated Audio
April 11, 2016 Westminster Not designated Audio
April 20, 2016 Superior PROSTAC Not designated Video
April 25, 2016 Arvada Not designated Video
April 25, 2016 Superior #13 Video
April 25, 2016 Westminster Not designated Audio
April 26, 2016 Broomfield #5 Video
May 3, 2016 City of Boulder #5B Video
May 10, 2016 Jefferson County #8 Video
May 12, 2016 Boulder County #16 Video
May 16, 2016 Arvada Not designated Video
Summer of 2015
Highland City Club, Boulder, Colorado
Rocky Flats: Overcoming a Toxic Past
The Highland City Club, Boulder, Colorado hosted the Rocky Flats Series. Thanks to Professor Emeritus Harvey Nichols, Ph. D. for initiating and co-hosting these important presentations to promote public dialogue regarding Rocky Flats issues. Thanks to KNGU for their June 23, 2015 coverage and article and Harvey’s audio interview is available at http://news.kgnu.org/2015/06/ongoing-concerns-about-the-rocky-flats-site/ and July 21, 2015 post of Jon Lipsky’s interview at http://news.kgnu.org/2015/07/jon-lipsky-raising-awareness-about-ongoing-dangers-at-rocky-flats/.
The series shaped up as follows:
Part 1: LeRoy Moore, Ph.D. presentation was on May 27, 2015, more at https://www.youtube.com/watch?v=3YbDdMvvW7E;
Part 2: James Crnkovich and Robert Del Tredici’s presentation was on June 12, 2015, more at https://www.youtube.com/watch?v=SgimbvC0nIE;
Part 3: Harvey Nichols, Ph.D. presentation was on June 23, 2015, more at https://www.youtube.com/watch?v=EA4cjrYqOis;
Part 4: Jon Lipsky, M.A.S. presentation was on July 22, 2015, more at https://www.youtube.com/watch?v=p6kuH7PxIzw;
Part 5: Professors Michael Ketterer and Iggy Litaor’s presentation was on August 4, 2015 at https://www.youtube.com/watch?v=keZZ1A7-xys; and,
Part 6: Gale Biggs, Ph.D. presentation was on August 19, 2015 at https://www.youtube.com/watch?v=rs-BZZJolYs.
June 6, 7, and 8, 2014
The Arvada Center for the Arts and Humanities, Arvada, Colorado hosted:
The three-day event was open to the public and included a panel discussion with former FBI Special Agent Jon Lipsky, who led the FBI/EPA raid on Rocky Flats and is now part of the Ambushed Grand Jury Citizen’s Investigation, former Colorado Governor Roy Romer, and former Congressman David Skaggs. Lipsky, who has accused the Justice Department of turning the FBI investigation into “part of a cover-up” has an insider’s view of the raid and Rocky Flats that itself is quite different from opinions expressed by Governor Romer and Representative Skaggs.
The Arvada Center for the Arts and Humanities has posted the panel discussions available on YouTube:
June 6, 2014 Introduction, Welcome and Citizen Panel featuring LeRoy Moore, Ph.D at http://www.youtube.com/watch?v=fxC3ga67qJs;
June 7, 2014 Keynote Panel featuring Jon Lipsky at http://www.youtube.com/watch?v=z4Ov7LwQ8bE;
June 7, 2014 Secrecy and It’s Fallout featuring Jon Lipsky and Judy Danielson at http://www.youtube.com/watch?v=pI_jKWrEA0A;
June 7, 2014 Imagining the Real: Art and Rocky Flats at http://www.youtube.com/watch?v=pBNRIpESu8I;
June 8, 2014 Health Issues featuring Terrie Barrie, ANWAG at http://www.youtube.com/watch?v=U3vi0nrm0l0;
June 8, 2014 Contamination featuring Niels Schoenbeck, Ph.D. at http://www.youtube.com/watch?v=EoymhHmHtTc.