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Hunting groups sue Colorado wildlife commissioners over mountain lion hunting op-ed ahead of election

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Hunting groups sue Colorado wildlife commissioners over mountain lion hunting op-ed ahead of election


Two influential hunting organizations are suing members of the Colorado Parks and Wildlife Commission saying they violated Colorado Open Meetings Law and spread false information about mountain lion hunting prior to last month’s vote on Proposition 127, which would have banned the hunting and trapping of mountain lions, lynx and bobcats.  

When the proposition failed by a margin of less than 5 percentage points, it marked the first time since 1992 that Colorado voters rejected a wildlife ballot proposal and stirred hope among some of a bridging of Colorado’s urban-rural divide. 

But Safari Club International and The Sportsmens Alliance Foundation sued commissioners Jessica Beaulieu and Jack Murphy as well as former commissioner James Pribyl  in Denver County Court over an opinion piece published in The Durango Herald on Oct. 12, supporting the proposition. 

Beaulieu and Murphy both represent outdoor recreation and parks utilization on the commission. 

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The piece criticized lion hunting as a “highly unpopular, unscientific and unwarranted abuse and exploitation” of wildlife that “in no way contributes” to the “bright future of ethical outdoor recreation” in Colorado. 

It also called out “a small lion-hunting industry” that guarantees 100% trophy lion harvest, the needless killing of female lions, and CPW itself, for offering cougar hunting “to serve mountain lion hunters alone, for a recreational opportunity.” 

A sign in opposition to Colorado Propositions 127 and KK is posted along the fence line of the Blue Valley Sportsman’s Club in Grand County on Oct. 8, 2024. (Jason Connolly, Special to The Colorado Sun)

The Safari Club and the Sportsmen’s Alliance are alleging Beaulieu and Murphy violated Colorado’s Open Meetings Law because the column was written while the commission was actively considering a revised mountain lion management plan for the Eastern Slope. The management plan passed unanimously Nov. 15 after extensive public comment opposing the plan. 

The lawsuit also alleges Murphy and Beaulieu had to have discussed writing the column that “flatly — and falsely — criticized Colorado’s current mountain lion and bobcat management programs” outside of a public meeting.  

“But the hunting of mountain lions and bobcats is ‘public business’ under the Open Meetings Law,” the lawsuit alleges, and “the CPW Commissioners had these discussions without appropriate public notice and opportunity to participate.” 

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And the plaintiffs, calling the op-ed itself “a meeting under the Open Meetings Law,” say it harmed them because it put “false information into the public discourse.” 

The organizations are asking the court to find Murphy and Beaulieu violated the law and to prohibit them from doing it again. 

Neither hunting group responded to requests for comment. 

“Commissioners can speak as private citizens”  

In an Oct. 24 email to The Colorado Sun after the op-ed was published, CPW spokesperson Travis Duncan said the commissioners had not broken any laws. 

“Voting Commissioners are not DNR employees, they are unpaid volunteers, so they do not fall under DNR’s HR personnel rules,” he wrote. “As the Commissioners were speaking as private citizens, this subject was not before the commission as an item of business and no open meeting law violation occurred.”

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Jeff Roberts, executive director of the Colorado Freedom of Information Coalition, said that although the open meetings law says a meeting is open when two or more members of a state public body discuss public business, Colorado courts say there must be a demonstrated link between the content of a meeting and the public body’s policy-making responsibilities.

So because commissioners are not involved in deciding whether hunting of mountain lions and bobcats should be prohibited, he said, there was no link between the commissioners’ opinions in the op-ed and the commissions’ work. 

A paper published by the Knight First Amendment Institute at Columbia University in October, argues that “accepting a government office — including an elected or appointed position — does not divest a speaker of all First Amendment rights.”

But Dan Gates, executive director of Coloradans for Responsible Wildlife Management, believes the plaintiffs are justified in suing the commissioners.

In an email to The Sun, he said Coloradans for Responsible Wildlife Management hopes “all appointed individuals adhere to the requirements of public process and procedures and protocols” because “while having a personal opinion is one thing, how one conveys or represents that opinion or how it was worked on with others, might be another matter.” 

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Beaulieu and Murphy told the commission they had no part in the letter writing during opening remarks at the Nov. 14 meeting.

“At no point did I communicate with commissioner Murphy about writing the op-ed or pending commission business, including the East Slope Mountain Lion Plan,” Beaulieu said. 

“There was no collusion. We simply signed off on a letter. We did not talk about it at all. Not one single word was written by either one of us,” Murphy added.  

Pribyl and advocates drafted the letter

Ellen Stein, opinion editor at The Durango Herald, said the letter came via email from Julie Marshall, public relations director for Animal Wellness Action, the group behind Proposition 127. 

Marshall told The Sun Pribyl, the former commissioner, “and experts from the campaign” wrote the letter after which Beaulieu and Murphy were each sent drafts.  

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“Jess got a copy to see if she agreed in substance and wanted to add her name,” Marshall said. “Jack also got a copy separately and was offered the same thing to sign on. No seated commissioners met together ever. No seated commissioners were ever on the same email ever. They acted entirely alone in their own capacity as citizens. There is nothing nefarious or illegal here.”

“Safari Club is engaging in lawfare to attack on baseless grounds and chill speech because of the substance of the issue alone,” she added. “That is anti-democratic.”

Commissioner Marie Haskett, who represents sportspersons and outfitters, submitted her own letter to the editor in the Rio Blanco Herald Times on Oct. 10 urging a no vote on Prop. 127. 

Colorado Sun reporter Jason Blevins contributed to this report.

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Type of Story: News

Based on facts, either observed and verified directly by the reporter, or reported and verified from knowledgeable sources.



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‘It’s Not a Penalty’: Bednar Rips Officials For MacKinnon Ejection | Colorado Hockey Now

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‘It’s Not a Penalty’: Bednar Rips Officials For MacKinnon Ejection | Colorado Hockey Now


Head coach Jared Bednar is often calm and calculated during his postgame press conferences. But his frustrations were made loud and clear on Tuesday, following the Avalanche’s 4-3 loss to the Edmonton Oilers at Ball Arena in a game that saw superstar center Nathan MacKinnon get ejected late in the second period.

With the Avs on the power play trailing 2-1, MacKinnon entered the Oilers’ zone with speed and received an east-to-west pass from Martin Necas. MacKinnon’s shot went wide, but with little space to maneuver because Oilers defenseman Darnell Nurse was cutting in on him, MacKinnon barreled into goalie Connor Ingram and was handed a five-minute major and a game misconduct.

“[MacKinnon] makes the play on the puck, and I got his toes cutting up ice probably through the top of the paint, and Ingram’s on the goal line. There’s no chance that he hits the goalie if Nurse doesn’t run into him. He’s not hitting the goalie,” Bednar said, after watching his team fall to 43-11-9 on the season.

Ingram left the game with an injury and did not return.

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“I don’t care if he’s injured, not injured, if it’s a severe crash, not a severe crash. It’s not a penalty,” Bednar said. “If you put guys in your own goalie, it’s not a penalty.”

The MacKinnon call prematurely ended the Avs’ second power play of the night. They successfully killed off the 4:05 remaining on the major and tied the game, but couldn’t secure a point.

Ross Colton, Necas, and Valeri Nichushkin had Colorado’s goals. Unfortunately for Colton, he left the game with an upper-body injury in the second period and did not return.

“He took a shot from a player during the game and he kind of tightened up so he’s got an upper-body injury. Hopefully he loosens up for tomorrow and can play in Seattle,” Bednar said.

Mackenzie Blackwood started for the Avs after getting pulled in Dallas two games ago. He let in three goals on his first 10 shots before locking in later in the game. Blackwood made several big stops during the lengthy PK before Nichushkin tied it up. But it still wasn’t enough. Blackwood finished with 20 saves.

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The Oilers finished 2-for-4 on the power play, getting the game-winning goal from Connor McDavid on a spectacular give-and-go with Leon Draisaitl with 10:57 remaining in regulation. Both of them finished with two points, while Ryan Nugent-Hopkins had two goals.

Colorado had a power play after that, but could not capitalize. Necas’ tally came on the PP earlier in the evening, and the Avs finished 1-for-3. Colton’s goal came just 24 seconds into the first period, which snapped his nine-game goalless drought.

All of the Avalanche’s best plays were in the first and third periods. The second was a different story.

“I’ll give you an example, three or four times at the start of the second period, we try to go in on a rush, and we lose it and change, and they get odd-man rushes and a scoring chance against,” Bednar said. “You can’t do that. You can’t do that against anybody, never mind the best offensive team in the league.”

Edmonton also played with a shortened bench. On top of losing Ingram to an injury, forward Colton Dach, and defenseman Ty Emberson also left with ailments and did not return. From the moment MacKinnon was ejected, the pace of the game changed. Frustrations were noticeable on both sides.

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“It was a great game up until that,” Nazem Kadri said. “I think it was a good battle out there. Players were playing hard and, you know, it’s unfortunate that’s how it’s gotta end.”

Kadri was also vehemently against the MacKinnon call.

“I think Nate makes an effort. He’s diving across the top of the crease to try to get out of the way, like that’s a part of the rule for the player to at least make some sort of attempt. There was clear contact. I have no idea how that was a five-minute,” he said.

Good: Nichushkin Is Heating Up

When he’s been available to play, there haven’t been many bad stretches for Nichushkin. His on-ice production has been solid over the past three regular seasons. But this year, the 30-year-old veteran forward has had tough stretches. Entering the break, and coming out of it, Nichushkin wasn’t producing at the rate he usually does.

Over the past three games, he’s looked more like the power forward that we’ve grown accustomed to. And he’s gotten rewarded for it on the scoresheet.

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Bad: The Penalty

I had a hard time deciphering if it was or wasn’t a penalty on MacKinnon when it first happened. I watched replays, I slowed them down, and I started to form an opinion.

But regardless of whether MacKinnon should’ve been called for anything, it shouldn’t have been a five. That part I can’t wrap my head around.

Bednar was frustrated and asked about it again. He added, “I really don’t give a crap if the goalies hurt. That’s on their D.”

Good:

Bad: Defensive Breakdowns

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Each of the first three Edmonton goals were scored by guys that were open in front of the goal. On the first two,



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Colorado residents should prepare for Xcel power outages this week as fire danger surges, utility says

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Colorado residents should prepare for Xcel power outages this week as fire danger surges, utility says


Xcel Energy is warning its customers along the Front Range to be prepared for possible power outages this week as the risk of wildfire surges due to hot and dry weather.

“Due to the elevated risk of wildfire, enhanced powerline safety settings are active across out Front Range service territory,” according to a social media post from the utility. The settings make the powerlines more sensitive and prompt a line to stop the flow of electricity if an object touches a line.

The highest risk for wildfire danger will be Thursday, Friday and Saturday, when strong gusty winds are forecasted, according to the National Weather Service.

Humidity could be as low as 10% and winds may top 25 mph, leading to critical and extremely critical fire weather between Thursday and Saturday, forecasters said.

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Tens of thousands of customers have lost power in recent months from planned outages during fire danger and powerline damage from high winds.

In December, 86,040 Xcel customers lost power because of a mix of planned shutoffs and downed powerlines from high winds. The decision led some customers to criticize the utility, asking it to fine-tune its weather responses.

Some schools in northern Colorado schools preemptively canceled classes in January after Xcel announced a planned power shutoff for 9,000 customers in the area.



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An Evening Against Edmonton | Colorado Avalanche

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An Evening Against Edmonton | Colorado Avalanche


Edmonton Oilers (31-25-8) @ Colorado Avalanche (43-10-9)

8 p.m. MT | Ball Arena | Watch: TNT, truTV, HBO Max | Listen: Altitude Sports Radio (92.5 FM) 

After back-to-back shootout victories, the Avalanche concludes its two-game homestand on Tuesday against the Edmonton Oilers. This game is an Avalanche Cup Classic, presented by KeyBank, which will honor the 2022 Avs team that won the Stanley Cup and defeated the Oilers in the Western Conference Final. Tuesday’s game is the second of three regular-season meetings between the teams, as the Avalanche won 9-1 in Edmonton on November 8th, and they’ll play in Alberta on April 13th. 

Latest Result (COL): MIN 2, COL 3 (SO) 

Latest Result (EDM): EDM 4, VGK 2 

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Sunday Success

The Avalanche defeated the Minnesota Wild 3-2 in a shootout on Sunday at Ball Arena. Nathan MacKinnon and Nicolas Roy both scored for Colorado while Nazem Kadri posted an assist in his second Avs debut. In net for Colorado, Scott Wedgewood stopped 32 of the 34 shots he faced. MacKinnon opened the scoring at 12:19 of the second period with his 43rd goal of the season via a right-circle one-timer set up by Kadri, who began the play with an interception below the offensive-zone goal line. Kirill Kaprizov tied the game for Minnesota with a power-play goal at 4:17 of the third period when his pass from the right circle deflected into the net. The Wild took a 2-1 lead at 7:01 of the third period when Nico Sturm scored a shorthanded breakaway. Colorado tied the game at 12:39 of the third period when Nicolas Roy scored his first goal as an Av and sixth of the season via a net-front deflection on Brett Kulak’s slap shot. In the shootout, Valeri Nichushkin scored for Colorado in the first round, Matt Boldy scored for Minnesota in the second round and MacKinnon tallied the winner in the fourth round. 

Leading the Way

Nate the Great

MacKinnon leads the NHL in goals (43) while ranking second in points (104) and third in assists (61). 

All Hail Cale

Among NHL defensemen, Cale Makar is tied for second in points (66) while ranking fourth in goals (19) and assists (47). 

Marty Party

Martin Necas is tied for seventh in the NHL in points (76). 

Series History

In 135 regular-season games against the Oilers, the Avalanche has a record of 74-49-6-6. The teams have met three times in the playoffs, with the Avs winning the 1997 Western Conference Semifinals in five games and the 2022 Western Conference Final in four contests.  

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Sunday in Sin City

The Oilers defeated the Vegas Golden Knights 4-2 at T-Mobile Arena on Sunday. In the second period, Trent Frederic opened the scoring for Edmonton at 3:21 before Vegas’ Noah Hanifin tied the game at 13:09. The Oilers took a 3-1 third-period lead after goals from Vasily Podkolzin at 2:34 and Leon Draisaitl at 11:53. Jack Eichel cut the Golden Knights’ deficit to one with a shorthanded goal at 16:43 of the third period. Edmonton took a 4-2 lead when Kasperi Kapanen scored an empty-net goal at 18:03 of the third period. 

Producing Offense Against the Oilers

MacKinnon has posted 39 points (13g/26a) in 29 regular-season games against the Oilers, in addition to five points (3g/2a) in four playoff contests. 

Makar has registered 13 points (5g/8a) in 13 regular-season contests against Edmonton, in addition to nine points (2g/7a) in four playoff games. 

Kadri has recorded 25 points (12g/13a) in 30 regular-season games against the Oilers, in addition to four points (1g/3a) in three playoff contests. 

Edmonton’s Elite

Connor McDavid leads the Oilers in points (108), goals (35) and assists (73). 

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Draisaitl is second on the Oilers in points (92), goals (34) and assists (58). 

Evan Bouchard is third on the Oilers in points (73) and assists (55) while ranking fourth in goals (18). 

A Numbers Game

34

The Avalanche are 34-0-0 when leading after the second period this season. 

85

Colorado leads the NHL with 85 second-period goals this campaign. 

.806

The Avalanche’s .806 points percentage at home this season is the best in the NHL. 

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Quote That Left a Mark

“Emotional seeing the support I get here. It’s absolutely incredible. It makes me want to play harder for these fans and this team.” 

— Nazem Kadri on the support he received from Avalanche fans at Sunday’s game



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