Zeppelin Plaintiffs Move to Enjoin I-70 Widening Project
The plaintiffs expect that their requested injunction will be determined no later than early 2018, before CDOT is scheduled to begin construction. CDOT and the FHWA will have an opportunity to respond to the plaintiffs’ motion, and an injunction hearing is possible. If the injunction is granted, it would bode well for a final determination that CDOT would have to reissue an Environmental Impact Study before proceeding with the I-70 project, as “likelihood of success on the merits” is an important factor in obtaining injunctive relief. Likewise, if the injunction is granted, CDOT may not be able to help pay for the Platte to Park Hill project. If that happens, Goldhamer thinks “the City might scrap their Platte to Park Hill project. After all, they did not have any plan for it in Denver’s 2014 Storm Drainage Master Plan, before CDOT apparently realized they needed to account for more drainage issues and talked Denver into helping them out.”
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