Description: Challenge to dam project in Boulder County in Colorado.
Save the Colorado v. Semonite
Filing Date Type File Action Taken Summary 12/19/2018 Petition for Review Download Petition for review of agency action filed. Environmental groups filed a lawsuit challenging the U.S. Army Corps of Engineers' authorization of the construction and operation of the tallest dam in Colorado history. They asserted that the Corps violated the National Environmental Policy Act (NEPA), the Clean Water Act, and the Endangered Species Act by, among other things, failing to take into account climate change impacts and future climate change models. The groups contended that the Corps violated NEPA by failing to "independently establish" that the project would achieve its stated purpose "in light of consensus-based projects of climate change." Under the Endangered Species Act, the groups asserted that the U.S. Fish and Wildlife Service had relied on outdated population estimates to quantify the take of cutthroat trout, including by failing to account for recent evidence of climate change.