Judge Denies Request For Restraining Order In Rocky Flats Case

DENVER (CBS4) - A judge has denied a request by environmental groups for a temporary restraining order to keep Rocky Flats National Wildlife Refuge closed until more evidence proves the area is safe.

The groups are going forward with a legal initiative "suing U.S. government agencies for failure to comply with federal environmental laws in preparing to build public trails and a visitor center at the former Rocky Flats nuclear weapons site will file a motion for a Preliminary Injunction in U.S. District Court to block the start of construction."

The lawsuit claims U.S. Fish and Wildlife hasn't conducted proper Environmental Impact Statements under the National Environmental Policy Act for what's now proposed at the site. That lawsuit was filed earlier last month and a few weeks later the group filed for a preliminary injunction.

Rocky Flats operated as a nuclear trigger manufacturing plant for decades before being shut down in 1989.

The lawsuit states one of the most concerning aspects of Rocky Flats widely opening to the public is that there hasn't been a comprehensive environmental review since the 2013 floods greatly reshaped drainage on the property. Some concerned citizens believe plutonium buried on the property likely surfaced.

The state health department disagrees.

In his ruling, the judge said it was too soon to ask for that restraining order.