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Here’s why Colorado communities are opposing a proposed Utah railroad at the U.S. Supreme Court this week

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Here’s why Colorado communities are opposing a proposed Utah railroad at the U.S. Supreme Court this week


The U.S. Supreme Court on Tuesday will hear arguments in a yearslong legal battle over a contentious proposed railroad that could send tens of millions more gallons of crude oil along the Colorado River, including near the critical water source’s headwaters in Colorado.

Opponents of the 88-mile Uinta Basin Railway — led by Colorado’s Eagle County — successfully halted the Utah project when a federal appeals judge in 2023 agreed with their arguments that the potential environmental impacts of the rail line had not been sufficiently analyzed.

But the coalition of private companies and seven Utah counties supporting the project petitioned the Supreme Court to review the appeals judge’s decision. In June, the nation’s highest court accepted their petition and said it would consider how far federal agencies must go in analyzing potential environmental impacts.

If constructed, the rail line would connect Utah’s oil fields to the national rail network. It would greatly increase the amount of crude oil transported across Colorado and on to the refineries on the Gulf Coast.

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The project would allow oil producers to send up to 350,000 barrels of crude oil a day on nine more trains — each stretching as long as two miles — on the tracks along Colorado’s Interstate 70, which follows the Colorado River for hundreds of miles.

A dozen local governments in Colorado, across political divides, and the state’s attorney general filed briefs in the case urging the Supreme Court not to change the decision issued by the U.S. Court of Appeals for the D.C. Circuit. They also argue in favor of maintaining the federal environmental law in question, the National Environmental Policy Act.

“The project raises the risk of leaks, spills, or rail car accidents immediately adjacent to the headwaters of the Colorado River, the most critical water source for the state’s residential communities, and agricultural and outdoor recreation sectors,” Attorney General Phil Weiser‘s brief states. “The project’s risks to Colorado’s residents and natural resources have generated deep concern and strong opposition from across the state.”

The justices will hear from both sides Tuesday morning, but a decision is likely weeks or months away. Justice Neil Gorsuch last week recused himself from the case after ethics watchdogs noted his ties to Colorado billionaire Philip Anschutz, whose companies could profit if the railway is built, according to reporting from The New York Times.

Construction on the project could not begin even if the Supreme Court sides with the railway project because the court is analyzing only one of the reasons the lower court halted the railway. If the Supreme Court agrees with railway proponents’ arguments, the lower court will have to reassess its analysis and issue a new opinion.

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But conservationists fear the court could use the case to weaken one of the nation’s foundational environmental protection laws.

The decision could lead to “a radical restriction of the way the government evaluates the environmental impact of decisions,” said Sam Sankar, the senior vice president of programs for the environmental legal group Earthjustice.

At the heart of the litigation is whether the U.S. Surface Transportation Board — a federal agency that regulates railways — violated the National Environmental Policy Act by failing to analyze potential environmental impacts of the project outside of the immediate area of the proposed line. The federal appeals judge last year found that the board had violated the law and should have scrutinized potential threats to the Colorado River as well as increased wildfire risk caused by more train traffic.

Craig, who wanted only his first name used, looks east towards an empty Interstate 70 and the Colorado River on August 18, 2020, in Glenwood Springs, Colorado. The highway was empty of cars due to the its closure from the Grizzly Creek Fire. Railroad tracks going through the town are seen to the right. (Photo by Helen H. Richardson/The Denver Post)

Lawyers for the Seven County Infrastructure Coalition, which is spearheading the rail project, argued that such a thorough analysis was not needed. The Surface Transportation Board should consider the immediate environmental impacts of a project, such as whether construction will displace bighorn sheep habitat or alter a mountain stream, the attorneys argued in their brief to the U.S. Supreme Court.

But the board should not be required to analyze “imponderables such as whether the new rail might contribute to an accident hundreds or thousands of miles downline,” they wrote.

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“If a new rail line in Utah will displace habitat for bighorn sheep or alter the topography in ways that threaten a pristine mountain stream, the Surface Transportation Board must consider those issues,” the brief states. But the chance of a faraway crash or that “the new rail might … somehow affect ‘environmental justice (in) communities (on) the Gulf Coast’ are not issues the Surface Transportation Board must run to ground.”

The Colorado communities opposed to the new railway include Glenwood Springs, Grand County, Grand Junction, Avon, Basalt, Routt County and the Northwest Colorado Council of Governments, which represents 31 counties and municipalities in the northwest region of the state.

They reject arguments that impacts on their communities shouldn’t be considered. Glenwood Springs city councilman Jonathan Godes said any spill of crude oil into the Colorado River would be catastrophic for his town and every community downstream.

“Our entire recreation economy is built around the river,” he said. “It would destroy our economy and our drinking water.”

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+)WAY TO WATCH Free New Mexico United vs Colorado Springs Switchbacks FC LIVE

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+)WAY TO WATCH Free New Mexico United vs Colorado Springs Switchbacks FC LIVE


New Mexico United vs Colorado Springs Switchbacks FC

New Mexico United vs Colorado Springs Switchbacks FC LIVE GAME: New Mexico United vs Colorado Springs Switchbacks FC look to seize control of thrilling New Mexico United vs Colorado Springs Switchbacks FC. Every team in the New Mexico United vs Colorado Springs Switchbacks FC has two wins apiece as we go into the final two game weeks. New Mexico United vs Colorado Springs Switchbacks FC will host New Mexico United vs Colorado Springs Switchbacks FC at New Mexico United vs Colorado Springs Switchbacks FC Park Stadium with the New Mexico United vs Colorado Springs Switchbacks FC a single point ahead of New Mexico United vs Colorado Springs Switchbacks FC in the standings and just one behind leaders New Mexico United vs Colorado Springs Switchbacks FC.



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‘It doesn’t look good’: Colorado transportation officials will use $12 million in leftover snowplowing funds to up roadside wildfire mitigation amid drought

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‘It doesn’t look good’: Colorado transportation officials will use  million in leftover snowplowing funds to up roadside wildfire mitigation amid drought


Amid a historically hot and dry winter, the Colorado Department of Transportation will repurpose $12 million in unused snowplow funds for summertime wildfire mitigation efforts along the state’s highways.

CDOT Deputy Director of Operations Bob Fifer told the Colorado Transportation Commission at its work session this month that amid a record-low snowpack statewide, the transportation department is shifting its strategy to proactively address wildfire risk.

“It just doesn’t look good for us,” Fifer said at the March 18 meeting. “We are expecting a drought across the state.”



Almost the entire state saw snowfall totals well-below average this past winter, Fifer said. Most years, the state’s snowpack doesn’t peak until April, but this year the snowpack has already peaked and has melted off rapidly, he said.

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According to the latest U.S. Drought Monitor report, more than half the state is experiencing severe drought, Level 2 of 4, with the northwest corner of Colorado experiencing extreme drought, or Level 3 of 4, and parts of Summit, Grand, Eagle, Routt, Garfield and Pitkin counties facing exceptional drought, or Level 4 of 4.



By June, Colorado’s Western Slope — including the Interstate 70 mountain corridor — is expected to be at above-average risk of significant wildland fires, according to the National Interagency Fire Center.

To determine where to focus the highway vegetation management, Fifer said the transportation department will leverage a Colorado State Forest Service Wildfire Risk Map to target roadside mitigation to the areas of the state that have the highest probability of burning.

“When you have 9,000 miles, or 24,000 lane miles, of road, where do you start mitigation?” Fifer asked. “What’s the most surgical area? How can we do it to get the most bang for the limited dollars we have? We’re going to use this data to drive that decision-making and we’re going to start with the most vulnerable areas.”

After choosing priority areas, Fifer said the transportation department will remove diseased trees and trees that are 50% dead or more, especially within the first 15 feet of the right-of-way. He said most of the wood will be chipped and slashed, then left on site to decompose, while larger blocks and diseased trees will be removed.

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Ladder fuels, like lower branches, that could carry a fire up into the crown of the forest, will also be removed from trees within the right-of-way, Fifer said. He said stumps will be cut to about 4 inches off the ground.

In addition to their importance as evacuation routes, Fifer noted that “the highways are natural fire lines or fire breaks” that can help slow the spread of wildfires and that firefighters can use to strategically hold the fire at bay.

CDOT Deputy Director of Maintenance Jim Fox told the Transportation Commission that crews typically mow the right-of-way along the state’s highways twice a year, once in the spring and once in the fall.

So far this fiscal year, which began last July, Fox said the transportation department has already completed nearly 28,000 swath miles of roadside mowing, or slightly more than it did in the previous one-year period. He said the transportation department has also removed 3,848 trees from the right-of-way so far this fiscal year, compared to 2,453 trees in the previous fiscal year.

CDOT Director of Maintenance and Operations Shawn Smith noted that the $12 million in snow and ice contingency funds that are left over from the winter, due to the low snowfall, are among the dollars that will help fund the increased roadside wildfire mitigation.

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Although the transportation department already has some funds to dedicate toward increasing roadside wildfire mitigation, Fifer said, “We’ll probably need more to handle this.”

He did not provide an estimate for what the additional wildfire mitigation might cost.





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Grand jury indicts over half the officers in a rural Colorado county

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Grand jury indicts over half the officers in a rural Colorado county


DENVER — Five of the seven law enforcement officers in a rural Colorado county, including the sheriff, have been indicted in an investigation into allegations of misconduct, prosecutors said Friday.

A grand jury indicted Costilla County Sheriff Danny Sanchez and former Deputy Keith Schultz on charges of allegedly mishandling human remains discovered in October 2024, according to court documents. A man who found the remains and reported them to the sheriff’s office said Sanchez and Schultz took only the skull and left the other remains behind, including teeth, court documents state.

Two months passed before Schultz wrote a report, saying he left bones in a bag on his desk and went on another call, the documents state. A coroner’s official said he received the skull in an unlabeled paper bag from the sheriff’s office, the documents state.

Separately, Undersheriff Cruz Soto, Sgt. Caleb Sanchez — the sheriff’s son — and Deputy Roland Riley are charged in connection with the use of a Taser against a man who was suffering a mental health crisis in February and tried to leave when they insisted he go to the hospital, according to the documents. The man said he was “roughed up” by deputies and was left with broken ribs, according to the indictments.

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Soto was charged with failing to intervene and third-degree assault, according to court documents. Caleb Sanchez and Riley were charged with second- and third-degree assault.

In announcing the indictments, 12th District Attorney Anne Kelly said she’s committed to investigating and prosecuting crimes no matter the offender.

“I cannot and will not ignore violations of the trust that a community should have in their police. No citizen of the San Luis Valley should have any doubts about the integrity of their police force,” Kelly said at a news conference Friday evening.

A person who answered the phone Friday at the sheriff’s office said it had no immediate comment but planned to post a statement online. Phone numbers listed for Danny Sanchez, Soto and Riley did not work. Caleb Sanchez did not have a listed number. An unidentified person who answered a number for Schultz referred The Associated Press to an attorney, Peter Comar. The AP left a message Friday for Comar seeking comment.

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