EPA and City of Colorado Springs negotiating end to Clean Water Act lawsuit? — The #ColoradoSprings Independent

Colorado Springs with the Front Range in background. Photo credit Wikipedia.

From The Colorado Springs Independent (Pamela Zubeck):

Despite protests from fellow plaintiffs, the Environmental Protection Agency has agreed to revisit a possible settlement with the city Colorado Springs over alleged Clean Water Act violations caused by the city’s longterm neglect of stormwater management, according to documents obtained by the Independent.

The renewed negotiations come as U.S. District Judge Richard Matsch scheduled an August trial in the lawsuit on May 22, the day after the state’s lead attorney in the case was reportedly fired for a reason the Colorado Attorney General’s Office won’t discuss.

Margaret “Meg” Parish, first assistant attorney general in the Natural Resources & Environment Section, wrote several scathing letters to the EPA in recent months, calling the EPA’s action “shocking and extraordinary” and expressing “deep concern and disappointment” that the agency would unilaterally reopen settlement discussion without consulting co-plaintiffs. Besides the Colorado Department of Public Health and Environment (CDPHE), those include Pueblo County and the Lower Arkansas Valley Water Conservancy District.

The move was particularly alarming, she noted, because the state and EPA had signed an agreement in which both agreed not to communicate with the city without the presence of the other.

Some who couldn’t comment on the record due to confidentiality rules called the latest moves — reopening negotiations and the firing of Parish — as “pure politics” in an era when the EPA’s reputation is pivoting from protecting the environment to serving polluters.

EPA Administrator Scott Pruitt, who has long-standing and close ties to the oil and gas industry and is under investigation for multiple alleged ethics breaches, met with the Housing and Building Association of Colorado Springs in October when the HBA paid for his night’s stay at The Broadmoor.

A few months later, on March 19, the EPA wrote a letter to the city “as a follow up to the City’s recent request to re-initiate settlement negotiations.”

The EPA’s co-plaintiffs were given two days notice that the letter would be sent to the city’s legal counsel, reportedly fueling outrage among those partners. Pueblo County has harbored distrust of the city of Colorado Springs for decades regarding sewage discharges and raging stormwater flows in Fountain Creek, which befouls the creek and threatens levees at Pueblo where the creek joins with the Arkansas River. Farmers in the Lower Ark region have complained for years that sediment blocks their irrigation headgates interfering with raising crops.

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