On March 20, 1998, the Pikes Peak Sierra Club Group, represented by the Earthjustice Legal Defense Fund, filed suit against the United States Forest Service, alleging that the Forest Service

1. violated Section 401 of the Clean Water Act by approving operation of the Pikes Peak Highway without obtaining Clean Water Certification from the State of Colorado, and
2. failed to act in accordance with law by issuing special use permits and by approving the City’s operating plans and operating budgets in absence of such certification.

On May 26th, the Forest Service filed an answer with the federal court admitting that gravel has eroded from the Pikes Peak Highway and has come to be located in some down-slope streams and wetlands, including Severy Creek and South Catamount Reservoir, but otherwise denying the Sierra Club allegations. Among other things, the Forest Service denied that it is required to obtain Clean Water Certification, stating that this is instead the permit applicant’s responsibility, and that the City of Colorado Springs should therefore have been joined as a party to the suit. As permitted under federal rules of pleading, the Forest Service declined to respond to the allegation that the City’s operations violate the Clean Water Act or that the Forest Service acted improperly by issuing permits in absence of state certification, stating that these are issues of law to which no affirmative response is required.

The Sierra Club is presently considering adding the City of Colorado Springs as a party to this suit, while continuing to pursue its claim that the Forest Service was barred from issuing the permit in the absence state certification.

On April 14th, as part of the Pikes Peak Group's efforts to secure a political solution to the Pikes Peak Highway problem, Jim Lockhart and John Stansfield presented comments to City Council, which was considering a Pikes Peak Highway toll increase. The Pikes Peak Group conditionally supported the toll increase as one way to raise the money necessary to address critical needs. However, we also pointed out that the Highway currently takes in an estimated $2.5 million per year, and that the current Pikes Peak Highway financial crisis is largely due to the high cost of operating the Highway as a gravel road, and of trying to keep the Highway open during winter months. We urged Council to simultaneously consider other means by which cost savings could be achieved. Council approved the toll increase, raising the toll from $6 to $10 to person, with a maximum rate of $35 per car, but has so far declined our invitation to consider reformation of Highway operating practices.

During the course of the City’s presentation to Council, City officials stated that, in their estimation, the entire toll increase would be needed to fund current operations, and little or none of the toll increase would fund "capital improvement" projects such as erosion and sedimentation control. While the Sierra Club does not oppose the City’s efforts to raise funds through a toll increase, we think that it is critical that money be spent to solve the problem, and not used to continue wasteful and environmentally destructive operating practices. We consider changes in current operating practices essential, not only to solve the environmental problem, but also a way to save money which could then be used to speed up the environmental mitigation effort.

We continue to ask Sierra Club members to contact the Mayor and Council regarding the Pikes Peak Highway issue and to urge them to act to implement a workable solution within a reasonable time period.

As part of its campaign to raise public awareness of the Pikes Peak Highway issue, the Pikes Peak Group is preparing a short video highlighting the erosion and sedimentation problem, which will be made available to environmental groups and other interested public and private organizations. We are also preparing a brochure, based on the April Special Issue TIMBERLINES, highlighting the problem and its history. As described further in the Outings listing, we have two Pikes Peak Group fundraising outings scheduled for August.

The Pikes Peak Group Executive Committee would like to extend its thanks to the many members who have responded with donations and offers to help with the Pikes Peak issue. Your support is crucial, and is greatly appreciated. You may use contribution form below.