Denver, Colorado – Physicians for Social Responsibility and five Colorado advocacy groups have filed a lawsuit against Transportation Secretary Pete Buttigieg, Interior Secretary Deb Haaland, and four federal agencies to halt work on a trail through Rocky Flats National Wildlife Refuge. The lawsuit alleges violations of the National Environmental Policy Act by the U.S. departments of Transportation and the Interior, the U.S. Fish and Wildlife Service, and the Federal Highway Administration. The groups claim that these agencies did not consider alternatives to constructing an 8-mile greenway through the most heavily plutonium-contaminated area of the refuge.
According to the lawsuit, the radioactive contaminants, particularly weapons-grade plutonium, that still remain in the local ecosystem pose a significant threat to the health and safety of individuals who live, work, or recreate in or near these areas. They argue that if the court does not intervene, many people will be at risk of exposure to nuclear contaminants that exceed regulatory limits for radiation and are potentially migrating through air and soil.
The lawsuit highlights a soil sample found in 2019 along the eastern edge of the refuge, which had plutonium levels more than five times above the cleanup standard. However, subsequent soil samples did not show elevated levels of plutonium, and federal agencies later deemed the area safe for public use.
In addition to the lack of consideration for alternative trail routes, the lawsuit also claims that the federal agencies failed to hold a public hearing or public comment period regarding the project. Furthermore, they argue that the agencies did not take into account the 2019 elevated plutonium reading.
The advocacy groups are seeking a court ruling that declares the agencies’ actions as a violation of the National Environmental Policy Act. They are also requesting a halt to the project until the agencies comply with the law.
The U.S. Fish and Wildlife Service and the Department of Interior declined to comment on the pending lawsuit. The Department of Transportation was unavailable for comment.
The lawsuit raises concerns about the potential health risks associated with the construction of a trail through Rocky Flats National Wildlife Refuge. Advocacy groups argue that the presence of radioactive contaminants, particularly weapons-grade plutonium, poses serious threats to individuals who may come into contact with these substances. They claim that the federal agencies involved in the project failed to consider alternative trail routes and did not adequately address the elevated plutonium reading found in 2019. The groups are seeking legal intervention to ensure compliance with the National Environmental Policy Act and to protect the health and safety of those who live, work, or recreate in or near the refuge.