Board Elections – 2023

The Board elected the 2023 officers at the Board meeting in September.

PresidentPhil Saba
Vice President      Jean Hilbig               
TreasurerJack Quella
Secretary   Roman Kohler

COURT CASE REJECTED:

On July 19, 2022 the 10th Circuit rejected the Peace Center et al attempt to close the Rocky Flats National Wildlife Refuge. The federal appeals court based in Denver has agreed the government did not violate the law when it approved a set of trail modifications at the Rocky Flats National Wildlife Refuge in 2018 without a more rigorous environmental review. In reaching its decision, a three-judge panel for the U.S. Court of Appeals for the 10th Circuit suggested a coalition of groups opposed in one form or another to Rocky Flats appeared more interested in challenging the broader, long-settled decision to open the former nuclear weapons site to the public, rather than the more recent realignment of trail segments.

The Rocky Mountain Peace & Justice Center, Candelas Glows/Rocky Flats Right to Know, Rocky Flats Neighborhood Association and the Environmental Network, Inc. filed a complaint in federal court in May 2018. Referred to collectively as “the Center”, the plaintiffs accused the federal government of violating the procedural requirements of the National Environmental Policy Act (NEPA) and the Endangered Species Act. Construction of the disputed trails is scheduled to begin in fall 2022 according to the Fish and Wildlife Service.

On August 9th the Peace Center et al, vs USFWS, preliminary injunction challenging the opening of the Rocky Flats Refuge was denied by US District Judge Brimmer. The judge dismissed all of the endangered species claims. Two NEPA claims remain. As the case proceeds USFWS can continue with trail construction and the opening of the Refuge. In denying the motion for a preliminary injunction, Judge Brimmer focused on one part of the four part test – namely, whether the plaintiffs would suffer an irreparable harm if trail construction and usage are allowed to proceed. The judge determined that the plaintiffs did not meet this burden because they did not show a nexus between the agency action and health effects. During the hearing, the plaintiffs did not challenge EPA and CDPHE’s findings about the real but extremely low risk associated with the proposed USFWS action. The plaintiffs did not challenge EPA and CDPHE’s estimates of the health impacts of inhaling radioactive material and did not present evidence that their members would be exposed to risk levels greater than the calculated risk. To emphasize this point, Judge Brimmer concluded: “Dr. (Michael) Ketterer testified that plutonium is present everywhere on Earth in varying concentrations due to fallout from nuclear testing. To the extent that plaintiffs argue that increased exposure to plutonium results in per se irreparable harm  because there is no safe threshold for exposure the argument proves too much.” – David M Abelson, Executive Director, Rocky Flats Stewardship Council

The Refuge opened on Saturday September 15. There were some protesters at the gate but hikers and bikers took advantage of the opening. News outlets focused on aerial views of the elk herd and folks entering the refuge.

THE FLATS BEER GARDEN:

This was formerly Hogans or the Rocky Flats Bar & Grill. It is back open under that new name. It is closed Monday & Tuesday, open Wednesday to Sunday 1:00 to 10:30 pm. There is no memorabilia on the walls about the former plantsite or the Green Bay Packers football team.