Laserfiche WebLink
<br />J <br /> <br />of Plaintiffs, citizens and residents of Morgan County and <br />all citizens of the SLate of Colorado. <br />(4) The Plaintiffs have suffered legal <br />wrong by agency actions, findings, and conclusions which <br /> <br />have either been arbitrary, capricious or otherwise not in <br /> <br />accordance with law or; contrary to Plaintiffs' constitutional <br />rights or; in violation of statutes or; in violation of <br />procedures whose observance by the Defendants is required by <br />law. (5 U.S.C. Sec. 706) The relevant statutes which <br />supply meaning are the National Environmental Policy Act, <br />the Freedom of Information Act, the Federal Water Project <br />Recreation Act, Fish and Wildlife Coordination Act and the <br />U. S. Constitution as is hereinafter more fully set forth. <br />(5) The Defendants have failed to <br />follo~ the pOlicy mandates of the National Environmental <br />Policy Act (NEPA) including, but not limited to, the following <br /> <br />acts and omissions: <br /> <br />i. The Defendants have <br />failed to conduct a full good faith consideration, balancing <br />and review of the Harrows in light of its environmental <br />imflac t. <br /> <br />ii. The Defendants failed to <br />comply with NEPA prior to decision-making. <br />iii. The Defendants failed to <br />submit FES lias early as possible. 11 <br />iv. The Defendants failed to <br /> <br />follow the guidelines of CEQ. <br /> <br />v. The Defendants failed to <br />meet the challenges of public agencies and Plaintiffs describing <br />ueficiencies in DES. <br /> <br />vi. The Defendants failed to <br /> <br />file a ~rue final LIS. <br /> <br />.li__ <br />