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Judge halts Gross Reservoir project—despite 60% completion and looming water risks
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Approved, kdvr.com, Local

Judge halts Gross Reservoir project—despite 60% completion and looming water risks

By Heather Willard | Fox31 DENVER (KDVR) — A federal judge ruled on Thursday that Denver Water is permanently barred from expanding the reservoir if an emergency stay is not obtained from the 10th Circuit Court of Appeals within 14 days. The utility provider has been working to increase the height of the Gross Reservoir dam by 131 feet for over a decade. The project broke ground in 2022 and Denver Water says the project is already 60% complete. On Friday, the department said that it plans to appeal the order and seek an immediate stay, saying the order “puts at risk our ability to efficiently provide a safe, secure and reliable water supply to 1.5 million people.” “It’s impossible to reconcile the judge’s order with what is clearly in the broader public interest,” Denver ...
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Taxpayers could foot the bill—twice—for Democrats’ lawsuit to dismantle TABOR
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Approved, State, The Colorado Sun

Taxpayers could foot the bill—twice—for Democrats’ lawsuit to dismantle TABOR

By Jesse Paul | Colorado Sun Colorado taxpayers may foot the bill twice if Democratic lawmakers manage to pass a resolution directing the legislature to sue the state in an attempt to invalidate the Taxpayer’s Bill of Rights.  That’s because not only will taxpayers likely be responsible for paying the lawyers hired by the legislature to bring the case, but they’ll also be on the hook for the costs incurred by the Colorado Attorney General’s Office to defend against the legal challenge to TABOR, a constitutional amendment voters approved in 1992.  If House Joint Resolution 1023 passes as expected, the General Assembly’s nonpartisan Office of Legislative Legal Services would likely hire a group of attorneys to file the lawsuit. In the past, the legislature’s third-par...
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Elizabeth schools win court stay—banned books won’t return yet
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Approved, Elbert County News, Local

Elizabeth schools win court stay—banned books won’t return yet

By Scott Gilbert | Elbert County News On Thursday, April 3, a Denver-based federal judge ordered the Elizabeth School District to place 19 removed books on library shelves by the weekend, but on the morning of Friday, April 4, a judge with the 10th Circuit Court of Appeals issued a stay, meaning the books will remain off the shelves pending further legal proceedings. The back-and-forth is the latest in a legal battle between Elizabeth Schools and the ACLU of Colorado, which sued the district in December seeking the return of 19 library books that the school board voted to remove on Sept. 9 of last year and then discarded. The ACLU alleges that the school board improperly removed the books because it disagreed with ideas expressed in them and claims that the book removal was a viol...
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[UPDATED] Ganahl: Colorado GOP’s New Leadership Faces Rogue Holdouts as Williams’ Allies Cling to Power
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Approved, Commentary, Rocky Mountain Voice, State, Top Stories

[UPDATED] Ganahl: Colorado GOP’s New Leadership Faces Rogue Holdouts as Williams’ Allies Cling to Power

By Heidi Ganahl | Commentary, Rocky Mountain Voice The Colorado Republican Party’s newly elected leadership, led by Chair Brita Horn, is battling a desperate power grab by ex-Chairman David Williams and his allies. They refuse to let go despite the Colorado Republican State Central Committee’s (SCC) move to dismiss a contentious lawsuit.  Horn, alongside allies Nancy Pallozzi and Todd Watkins, champions a fresh start, but Williams’ appointees—particularly the shadowy Colorado Republican State Party Controversy Investigative Committee (CRSPCIC) led by Matt Arnold—are digging in, in a legal standoff that seems more about ego than justice. The roots lie in 2024’s chaotic primaries, where Williams’ endorsed candidates didn’t fare well (14 of 18 lost). This sparked former Jefferso...
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Judge overrides parents, reinstates graphic books mid-appeal
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Approved, coloradopolitics.com, Local

Judge overrides parents, reinstates graphic books mid-appeal

By Michael Karlik | Colorado Politics A federal judge on Thursday refused to put her prior ruling on hold while an appeal plays out, and instead ordered Elizabeth School District to return 19 restricted books to library shelves by Saturday. U.S. District Court Judge Charlotte N. Sweeney rejected the Elbert County district's claims that her original order was unfair, "breathtakingly broad" and would require whole new library policies. She also slammed the district for disclosing, only after she issued her order, that it had "discarded" the disputed books entirely. "Rather than being forthcoming with the Court about these facts, the District previously represented that the Removed Books were available to Plaintiffs, and only Plaintiffs," she wrote in an April 3 order. "No menti...
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Democrats launch legal assault on TABOR: Will the courts undo the will of Colorado voters?
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Approved, denvergazette.com, State

Democrats launch legal assault on TABOR: Will the courts undo the will of Colorado voters?

By Marianne Goodland | Denver Gazette In 2011, a coalition of 33 individuals and groups, including current and former lawmakers, county commission and other elected officials and school districts, sued the state of Colorado, challenging the constitutionality of the Taxpayer's Bill of Rights. A decade later, the lawsuit was dismissed on a technicality: the lawsuit, the federal courts indicated, had the wrong plaintiffs. A state Democratic lawmaker who was part of the legal team in Kerr v. Hickenlooper (later Kerr v. Polis) is now sponsoring a resolution to try again, but with some important differences. Rep. Sean Camacho, D-Denver, sponsored House Joint Resolution 1023, which would require the General Assembly to sue over TABOR's constitutionality in state district court. The...
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From Wyoming to Colorado: courts say corner crossing is legal
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Approved, National, The Fence Post

From Wyoming to Colorado: courts say corner crossing is legal

By Rachel Gabel | The Fence Post A ruling by a federal appeals court has concluded that a congressional act preempts a state’s power to impose and enforce its own trespass laws. Corner crossing, accessing public land from one piece to another where two parcels meet with two privately owned parcels without stepping foot on privately owned land, is now legal in the 10th Circuit’s six states: Wyoming, Colorado, New Mexico, Utah, Oklahoma and Kansas. A Carbon County, Wyoming, ranch owner sued hunters in 2022 for doing just that, arguing that he owns the airspace above his land, which they passed through to access public land during an elk hunt. The checkerboard pattern dates back to the days of railroad construction in the 1800s, when railroads raced to lay track, thereby laying cla...
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Gelman: Judges, stay in your lane and stay out of politics 
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Approved, Commentary, National, THE HILL

Gelman: Judges, stay in your lane and stay out of politics 

By David Gelman | The Hill , Commentary One of the best pieces of advice you can give anyone starting a venture is this: Be bold, but stay in your lane. In other words, know your role, understand what you don’t know and avoid straying into areas beyond your expertise. That’s advice certain federal district court judges would do well to heed — for the good of our republic and the health of the judiciary itself.  As the Trump administration moves forward with efforts to remove illegal immigrants, including violent Venezuelan Tren de Aragua gang members, the role of federal judges — specifically activist liberal district court judges — has come under serious scrutiny. While Democrats continue to distract their base with false narratives and manufactured crises, they conveniently igno...
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Walcher: Squirrels Killed by the Forest Service, or the Courts?
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Approved, Commentary, Greg Walcher, Rocky Mountain Voice

Walcher: Squirrels Killed by the Forest Service, or the Courts?

By Greg Walcher | Guest Commentary, GregWalcher.com In 2017 the Arizona Game and Fish Department estimated that there were only 252 Mount Graham red squirrels left. They only inhabited a few hundred acres in the 10,000-foot Pinaleño Mountains, not equipped to survive the heat of the surrounding deserts. Then, a lightning strike started a 48,000-acre fire in that section of the Coronado National Forest, incinerating all but 35 of the Mount Graham squirrels in existence. Federal and state wildlife officials thought the species faced likely extinction. It is a more common story than you might think. The Journal Science published a study in 2020 called “Fire and biodiversity in the Anthropocene,” analyzing the danger of wildfires to threatened and endangered species. Across nine taxonomi...
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Judge to decide whether Twitter missed rent in spat with Boulder landlord
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Approved, Courthouse News Service, Local

Judge to decide whether Twitter missed rent in spat with Boulder landlord

By Amanda Pampuro  | Courthouse News Following five days of trial over a lease dispute between Twitter and a Colorado landlord, a Boulder judge requested the parties provide additional briefing before she determines who breached the agreement with the other. “If the rent was due on Dec. 1st, then Lot 2 prevails. If the rent was not due, X Corp. prevails,” summarized attorney Damien Zumbrennen on behalf of X, formerly known as Twitter. READ THE FULL STORY AT COURTHOUSE NEWS
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