ON JUNE FIFTH, the seven members of Colorado’s court of last resort unanimously ruled that 81-year-old flyfisherman Roger Hill “lacks standing” to continue his decade-long legal battle for public access along the Arkansas River (Hill v. Warsewa).
In the fall of 1993, then-President Bill Clinton signed Executive Order 12866, requiring all Federal regulatory agencies to publish a list of anticipated rulemaking actions for the upcoming twelve-month period. The U.S. Fish & Wildlife Service (USFWS) is such an agency, and its rulemaking process requires four steps: Publishing a proposed rule in the Federal Register; Inviting public comment; Considering the public comments received, and Publishing a final rule in the Federal Register.
“The topic of stream access illustrates one of the most perplexing types of legal conflicts that can arise… Indeed, it is difficult to find a legal issue that is more tangled and uncertain.” —A Wildlife Primer (2009), by Eric Freyfogle and Dale Goble
Colorado’s river laws might be in trouble. Roger Hill, the octogenarian trying to fulfill his dream of legally wade-fishing the Arkansas River, was at the Colorado Court of Appeals on January 27 and got good news about his case—Hill v Warsewa.