Pikes Peak Highway Update January 1999

There have been several significant developments in the Sierra Club's Pikes Peak Highway lawsuit.

Motions for summary judgment by both the City and Sierra Club are currently pending. In its most recent pleadings, the City does not deny that streams, wetlands, and reservoirs are impacted by this gravel, but argues that the Highway does not constitute a “point source” under the Clean Water Act, and that we therefore do not have the legal right to the relief sought.

Both the Sierra Club and the United States have filed briefs in response to this motion. The Unites States' brief argues, contrary to the City's position, that the Pikes Peak Highway is a point source and is therefore required to get appropriate discharge permits and certification.

On December 6th, the Colorado Springs Gazette published a front-page article on the Pikes Peak Highway, written by Pam Zubeck, pointing out that the City's management of the Highway, and its attempts to fundraise, have been strongly influenced by political considerations. We recommend this article to anyone interested in a non-Sierra Club analysis of the controversy. We think the article clearly demonstrates the City's continued unwillingness to recognize or adopt the plan proposed by its own consultants. The article contains statements by the mayor and Highway manager critical of paving the road as a solution to the environmental and financial problems caused by current operating practices. However, they do not propose or offer to implement any alternative solution. Nor do they promise to achieve any alternative within a reasonable time.

In this sense, nothing has changed since the Sierra Club first filed notice of intent to sue some thirteen months ago. Our city leaders are still fighting in every way possible to avoid implementing their own plan within their own lifetimes. We feel that it is vital for us to continue our legal efforts. The Pikes Peak Group continues to incur substantial costs in protecting the environment on Pikes Peak. We have spent several thousand dollars to date, and recently submitted a 200-page summary of studies conducted on Pikes Peak over the years to support our motion for summary judgment.

Anyone capable of making a donation to support our efforts, please send a check (made out to PPG Pikes Peak Fund) see coupon below. We hope that all our members will respond generously to this request.

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Please make checks payable to: PPG Pikes Peak Fund

Pikes Peak Fund,
P.O. Box 588
Monument CO 80132