Federal Judge Slams Forest Service, Developer In Wolf Creek Village Decision

A federal judge has rejected a plea from the would-be developers of the Village at Wolf Creek that he reconsider a prior decision impeding the proposal.A company led by Texas billionaire Red McCombs has sought for years to construct a large luxury resort high on Wolf Creek Pass on an inholding in Colorado’s Rio Grande National Forest. The development would hold up to 10,000 people and numerous condominiums, lodges and shops. But in May, Senior U.S. District Judge Richard P. Matsch ruled that the Forest Service had not followed proper procedures when it approved a land swap that would provide road access to the private inholding. The Leavell-McCombs Joint Venture then filed a motion asking the judge to reconsider. On Thursday, Judge Matsch issued an order denying that request. In language strongly critical of the agency, he said the Forest Service had engaged in “a patent effort to circumvent its obligation to protect the natural environment of the Forest.” He added that his conclusion remained the same as in his May ruling, that the Forest Service had failed to exercise the duties required of it under a federal law known as NEPA. The agency and the developers can still appeal the decision to the 10th Circuit Court of Appeals.