All federal, state and local Over The River approvals have been based on comprehensive analysis that has withstood legal scrutiny at every step of the legal process. The only remaining legal hurdle facing this two-week temporary work of art is in the U.S. Court of Appeals.
It is important to note that the following legal proceedings are against the Bureau of Land Management (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. 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 on behalf of ROAR. The complaint was denied and dismissed by the Federal District Court on January 2, 2015. The ruling upheld the decision by BLM to issue a land use authorization to construct and display the two-week temporary work of art, Over The River. ROAR has appealed this decision to the U.S. Court of Appeals. No injunction has been requested.
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. The ruling upheld 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. The Colorado Court of Appeals again upheld the State Parks agreement on February 12, 2015, in a unanimous decision by all three presiding judges. On October 26, 2015, the Colorado Supreme Court denied a request for further review of the State Parks agreement — effectively ending this challenge.
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.