On April 3, 2025, the federal district court for the District of Colorado concluded that remand with vacatur was the appropriate remedy for the U.S. Army Corps of Engineers’ violations of the Clean Water Act, the National Environmental Policy Act, and the Administrative Procedure Act when it issued a permit allowing the City and County of Denver’s Board of Water Commissioners (Denver Water) to expand the Gross Dam and Reservoir. The court found that an “amalgamation of … serious defects,” including a failure to quantify climate change’s effects on precipitation, supported vacatur as a remedy. The court also rejected the respondents’ and intervenor’s arguments that vacatur would not impact further construction because construction could proceed under a Federal Energy Regulatory Commission license and that remand with vacatur would cause environmental harm because the Corps permit gave it authority to enforce protective conditions. The court temporarily enjoined construction on the dam pending a hearing on a permanent construction injunction tailored to the amount of additional construction necessary to make the existing dam safe. The court permanently enjoined enlargement of the Gross Reservoir.

Challenge to dam project in Boulder County in Colorado.

Save the Colorado v. Semonite

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Colorado Federal Court Vacated Corps of Engineers Permit for Dam Expansion

Filed

United States of America

Colorado

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Colorado Federal Court Vacated Corps of Engineers Permit for Dam Expansion

Risk

Impacted group

Renewable energy

Fossil fuel

Economic sector

Adaptation/resilience