OTR Legal Proceedings

There are currently two lawsuits and one administrative appeal pending regarding Over The River. It is important to note that these legal proceedings are not against Over The River directly and all allow work on the project to move forward as planned. Therefore, the team continues its efforts to obtain the remaining permits so that installation can begin on schedule.

ROAR v. State Parks: This case was filed in state district court in Denver in summer 2011 by ROAR.  It challenges the decision of State Parks to enter into an agreement to allow OTR to use the Arkansas Headwaters Recreation Area which Parks co-manages with BLM. A fishing outfitter originally joined this suit, but dropped out. No injunction is requested.  The case is unlikely to be decided before the summer of 2012.

ROAR v. BLM: This case was filed in federal district court in Denver in January, 2012 by law students at DU Law School acting on behalf of ROAR. It challenges the decision by BLM to issue OTR a land use authorization to construct and display the OTR project.  No injunction has been requested.  The case is unlikely to be decided before the summer of 2012.

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. The appellants asked for a stay (equivalent to an injunction) but did not receive one.  This appeal should be resolved by the summer of 2012.