Over The River has received favorable rulings on two of the three legal challenges to the two week temporary work of art. The only legal challenge yet to be ruled on is in federal court.
The Colorado District Court has ruled in favor of the Colorado State Parks agreement allowing Christo to use portions of the Arkansas Headwaters Recreation Area for Over The River. And, an earlier administrative appeal was resolved when the Interior Board of Land Appeals upheld the Bureau of Land Management’s (BLM) approval to use federal lands for Over The River.
It is important to note that these legal proceedings are against the BLM and Colorado State Parks, who have both approved Over The River and authorized the project to move forward. These cases have not been brought against Christo.
ROAR v. State Parks: This case was filed in state district court in Denver on July 22, 2011, and the complaint was denied and dismissed by the court on September 5, 2013. It challenged the decision of State Parks to enter into an agreement to allow Over The River to use the Arkansas Headwaters Recreation Area, which Parks co-manages with BLM. ROAR has appealed this decision to the Colorado Court of Appeals.
ROAR v. BLM: This case was filed in federal district court in Denver on February 1, 2012, by law students at the University of Denver Law School acting on behalf of an opposition group. It challenges the decision by BLM to issue a land use authorization to construct and display the two-week temporary work of art, Over The River. No injunction has been requested.
Appeal to the Department of Interior, Board of Land Appeals: Two individuals and a group called the “Quiet Use Coalition” filed an administrative appeal in December 2011, of the BLM’s decision to grant OTR a land use authorization to use about 250 acres of BLM land for the project. On June 28, 2013, the Interior Board of Land Appeals issued its decision to reject the challenge and uphold BLM’s approval to use federal lands for Over The River.