#ColoradoSprings and @EPA negotiating stormwater lawsuit, other plaintiffs left out and state attorney fired — Colorado Springs Independent

Fountain Creek erosion via The Pueblo Chieftain

From the Colorado Springs Independent (Pam Zubeck):

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.

That lead attorney, Margaret “Meg” Parish, first assistant attorney general in the Natural Resources & Environment Section, wrote at least two scathing letters to the EPA and the Department of Justice (DOJ) in recent months, calling the EPA’s action “shocking and extraordinary” and expressing “deep concern and disappointment” that the agency unilaterally reopened settlement talks 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 signed an agreement not to communicate with the city without the presence of the other.

Some who couldn’t comment on the record due to confidentiality rules labeled the latest moves “pure politics” in an era when the EPA’s reputation is pivoting from protecting the environment to serving polluters…

EPA’s reopening of negotiations has sown suspicion among co-plaintiffs who already distrust the city due to sewage discharges, raging stormwater flows and sediment in Fountain Creek that befoul the creek, threaten levees and block irrigation headgates interfering with raising crops.

The possibility of a settlement was suggested to voters last fall when Mayor John Suthers campaigned for passage of stormwater fees, saying their adoption would help the city end the lawsuit, filed by the EPA and CDPHE in November 2016 after the city flunked compliance inspections in 2013 and 2015 for its MS4 permit (Municipal Separate Storm Sewer System). The lawsuit alleges ongoing violations of the Clean Water Act, saying the city failed to force developers to install proper storm drainage infrastructure, gave waivers to others and didn’t adequately inspect and monitor its waterways. The city spent only $1.6 million a year on those tasks from 2011 to 2014, a pittance considering the city’s drainage needs are estimated at $1 billion.

Approved by voters in November, the fees go into effect July 1 and replace general fund money used to satisfy an April 2016 deal the city made with Pueblo County to spend $460 million over 20 years on stormwater. The agreement grew from Pueblo County’s demands after the city adopted stormwater fees in 2007 and abolished them in 2009 and came as the city activated its $825-million water pipeline from Pueblo Reservoir.

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