Areas of Research and Representation

  • Superfund Site & CERCLA Regulation
    • COU Containment Threats
    • DOE Site Management Strategies
    • Solar Ponds, Landfills, and Water Treatment
  • The Rocky Flats National Wildlife Refuge
    • Regulation Compliance
    • Endangered Species Act
  • Completion of the e-470 Freeway & JPPHA – Construction Threats
    • Buried Risidual Contamination
    • Dust Mitigation
  • Residential Development Disclosures
    • Candelas, Leyden Rock, Whisper Creek
    • Local Community Impacts

Areas of Research and Representation

Superfund Site & CERCLA Regulation

  • COU Containment Threats
  • DOE Site Management Strategies
  • Solar Ponds, Landfills, and Water Treatment

The Rocky Flats National Wildlife Refuge

  • Regulation Compliance
  • Endangered Species Act

Completion of the e-470 Freeway & JPPHA – Construction Threats

  • Buried Risidual Contamination
  • Dust Mitigation

Residential Development Disclosures

  • Candelas, Leyden Rock, Whisper Creek
  • Local Community Impacts

The Challenge of Rocky Flats

Past | Present | Future

Stewardship. The term invokes a sense of duty to responsibly care for something valuable entrusted to one’s custody. Decisions must be made based on how the options align with the agreed-upon values and goals. Compromises and tradeoffs must be weighed and priorities set. Mistakes or unanticipated results may cause damage. Hindsight and review guide better future decisions. The stewardship process is most successful when it is most simple. When the values and goals are shared. When the valuable “something” is well-defined. When there is trust.

The Rocky Flats Superfund site challenges every one of these aspects of successful stewardship. Its environmental impact has been the center of secrecy and conflict that continues unabated more than sixty years after the first plutonium was processed and more than ten years after the Environmental Protection Agency declared the clean-up complete. Time marches on and memories fade. The rolling hills and grazing herds of elk in the shadow of the majestic Flatirons give no notice to any uninformed parties of the controversy still lurking both literally and figuratively just below the surface.

The urbanization of what was once the remote mesa chosen by mistake for this Cold War military complex is forcing the controversy out into the light. Wild fires and fracking have happened only a short distance away. New highways, new parks, and new homes are closing in. The decisions that must be made are complicated by what can only be called a broken stewardship process. The secrecy of forty years of national defense operations has continued under the guise of protection against the risk of exposure to the contamination that remains buried in place. A forced social contract is the fragile tie between the local population most at risk and the government agencies with the access, the power and the resources to manage the site. Trust between the parties has been compromised by a disputed history of accidents, cover-ups, and activism.

The courts have been the battleground when this social contract breaks down too far. Citizens have asked for compensation for damages done.

Whistleblowers and activists have challenged dangerously flawed operations and policy positions. Environmental organizations have pursued enforcement of existing laws and regulations. Local governments have sought more power to influence the federal actors.

Court battles will continue to rage in the gulf of distrust and disdain created by the fundamental disagreements between the parties on six key points.

    • What contamination really remains buried at the site, either leftover from the operations or intentionally buried in place?
    • How reliable is the containment?
    • What standard is really “safe” when it comes to exposure to hazardous or radioactive materials?
    • Can the current sampling and follow-up process become a sufficient early warning monitoring system rather than the perceived scientific public relations exercise?
    • What process can be put in place to rebuild the trust needed for successful stewardship of this site for future generations?
    • Is adequate notice being provided to the potential buyers/renters of new properties being aggressively developed?

Stewardship. The term invokes a sense of duty to responsibly care for something valuable entrusted to one’s custody. Decisions must be made based on how the options align with the agreed-upon values and goals. Compromises and tradeoffs must be weighed and priorities set. Mistakes or unanticipated results may cause damage. Hindsight and review guide better future decisions. The stewardship process is most successful when it is most simple. When the values and goals are shared. When the valuable “something” is well-defined. When there is trust.

The Rocky Flats Superfund site challenges every one of these aspects of successful stewardship. Its environmental impact has been the center of secrecy and conflict that continues unabated more than sixty years after the first plutonium was processed and more than ten years after the Environmental Protection Agency declared the clean-up complete. Time marches on and memories fade. The rolling hills and grazing herds of elk in the shadow of the majestic Flatirons give no notice to any uninformed parties of the controversy still lurking both literally and figuratively just below the surface.

The urbanization of what was once the remote mesa chosen by mistake for this Cold War military complex is forcing the controversy out into the light. Wild fires and fracking have happened only a short distance away. New highways, new parks, and new homes are closing in. The decisions that must be made are complicated by what can only be called a broken stewardship process. The secrecy of forty years of national defense operations has continued under the guise of protection against the risk of exposure to the contamination that remains buried in place. A forced social contract is the fragile tie between the local population most at risk and the government agencies with the access, the power and the resources to manage the site. Trust between the parties has been compromised by a disputed history of accidents, cover-ups, and activism.

The courts have been the battleground when this social contract breaks down too far. Citizens have asked for compensation for damages done.

Whistleblowers and activists have challenged dangerously flawed operations and policy positions. Environmental organizations have pursued enforcement of existing laws and regulations. Local governments have sought more power to influence the federal actors.

Court battles will continue to rage in the gulf of distrust and disdain created by the fundamental disagreements between the parties on six key points.

    • What contamination really remains buried at the site, either leftover from the operations or intentionally buried in place?
    • How reliable is the containment?
    • What standard is really “safe” when it comes to exposure to hazardous or radioactive materials?
    • Can the current sampling and follow-up process become a sufficient early warning monitoring system rather than the perceived scientific public relations exercise?
    • What process can be put in place to rebuild the trust needed for successful stewardship of this site for future generations?
    • Is adequate notice being provided to the potential buyers/renters of new properties being aggressively developed?