From The Pueblo Chieftain (Robert Boczkiewicz):
[Pueblo District Attorney Bill Thiebaut] filed a notice Wednesday in U.S. District Court that he is appealing a judge’s 2007 decision that kicked out his 2005 lawsuit against Colorado Springs.
“Our office is confident the district court orders will be overturned by the Tenth Circuit Court of Appeals and that our claims will be reinstated,” Thiebaut said…[Senior Judge Walker Miller] concluded in a 2007 decision in favor of the city that district attorneys do not have the legal authority to use the Clean Water Act to sue, as Thiebaut had done, on behalf of county citizens.
Thiebaut, in addition to appealing Miller’s decision to throw out his lawsuit, stated in Wednesday’s court filing that he also is challenging other decisions the judge made. One of those decisions granted the request of city-owned Colorado Springs Utilities to be removed as a defendant. Another decision granted Colorado Springs’ request to recover from Pueblo County about $7,475 in costs — not attorneys’ fees — the city purportedly incurred in fighting Thiebaut’s lawsuit. Appeals to the federal appeals court in Denver, where Thiebaut’s challenges are headed, typically take 18 to 24 months to be decided by the appellate judges.
More Fountain Creek coverage here. More on the lawsuit here.