ELR Citation: 55 ELR 20067
No(s). 18-cv-03258-CMA (D. Colo. May 29, 2025) (Arguello, J.)

A district court vacated its preliminary injunction in an environmental groups' challenge to the Army Corps of Engineers' issuance of a dredge-and-fill permit for a dam expansion project in Colorado. It previously remanded with vacatur the Corps' record of decision, final EIS, and permit, enjoined further construction pending a hearing on what is reasonable and necessary to make the existing structure safe, and permanently enjoined enlargement of the reservoir, including tree removal, water diversion, and impacts to wildlife. Following the hearing, the court found the groups failed to show they would be irreparably harmed if the construction were to be completed, and that the balance of equities weighed in favor of dam completion. It vacated the preliminary injunction, but maintained its rulings remanding with vacatur the Corps' record of decision, final EIS, and dredge-and-fill permit, and permanently enjoining enlargement of the reservoir.