From The Pueblo Chieftain (Chris Woodka):
The motion was filed earlier this month, asking U.S. District Court Judge Walker Miller to close the case pursuant to his findings and ruling in the case last year.
The Sierra Club, which filed the suit in 2005, does not plan to oppose final judgment.
The movement in the case will allow Pueblo District Attorney Bill Thiebaut to appeal his dismissal from the case in 2007, said Terry Hart, Thiebaut’s chief of staff. Thiebaut also filed a federal lawsuit in 2005, but was dismissed from the case in 2007 because a judge ruled he lacked state authority to file a federal lawsuit. “We’ve been champing at the bit for final judgment so we could file an appeal,” Hart said. “We feel the federal judge made a strained interpretation of state law, so this clears the way to appeal the dismissal of the case.”
More coverage from Chris Woodka writing for The Pueblo Chieftain. From the article:
Pueblo County will not have to pay Colorado Springs for fees it spent to defend the city against District Attorney Bill Thiebaut’s lawsuit over contamination of Fountain Creek. In a decision made public Tuesday, Senior U.S. District Judge Walker Miller denied the city’s request to recover fees paid to its attorneys and its expert witnesses.