Background

Image is an abbreviated timeline of the HIstory of Wolf Creek. starting with the Land Exchange #1 and the USFS denying the exchange due to a "decrease in public value" in 1986. Then two weeks later, changing their decision without sufficient reasoning. Years later, in a legal settlement with Colorado Wild (now Rocky Mountain Wild), courts concluded that any highway access must have a USFS Environmental Impact Statement. Leavell-McCombs Joint Venture (LMJV) works with lobbyists to circumvent highway access to EIS requirements, but don't succeed. In 2004, Mineral County approves a proposed 8,000 person city for the land despite community concerns. The Courts deny approval due to the parcel's lack of highway access. The USFS finally drafts an EIS for LMJV to obtain highway access. Documents show collusion between developers and the USFS. Despite this, USFS approves and grants access. In 2006, Rocky Mountain Wild wins lawsuit #1 for the bogus EIS. The lawsuit requires a new EIS. Instead, LMJV proposes another land exchange that would give the developer a parcel of public land next to the highway, resolving the access problems. From 2009-2012, the USFS drafts another EIS for LMJV's new land exchange. The Draft and final EIS are inappropriately narrow, assessing the impacts of only the highway access and not the entire development. In 2014, the USFS fails to complete two Freedom of Information Act requests and Rocky Mountain Wild suses to obtain the desired public documents. Despite extensive flaws, the USFS approves the second EIS, giving LMJV the desired highway access. In 2015, Friends of Wolf Creek sues the USFS claiming that the land exchange approval was illegal because the EIS was illegal and failed to comply with independent review requirements. At the same time, Rocky Mountain Wild wins both FOIA lawsuits. In 2017, Friends of Wolf Creek wins the fourth lawsuit. A federal court invalidates the land exchange and describes the EIS as an "artful dodge." In 2019, without any public comment, the USFS approves an access alternative based on an Alaska land statute based entirely on the same EIS deemed legally insufficient. Rocky Mountain Wild files a FOIA lawsuit to get withheld documents behind the new access decision and wins the case. Friends of Wolf Creek sues the USFS over the latest access decision. In 2022, they win the access lawsuit. A federal judge in Colorado invalidates the Forest Service's 2019 access decision after finding the environmental review "flawed" and "legally deficient." In 2023, the Forest Service appeals the 2022 access decision to the 10th Circuit on behalf of the developers. In 2024, the 10th Circuit Court of Appeals overturns the lower courts' holdings, requiring the Forest Service to provide a right of way from Highway 160 to the private inholding for the Village's construction.

In 1986, Leavell Properties, Inc (later joined by Texas billionaire B.J. “Red” McCombs to form the Leavell-McCombs Joint Venture, or LMJV) swapped land with the United States Forest Service to obtain a property on top of Wolf Creek Pass, surrounded by Forest Service land. The 300 acre parcel was originally proposed as a modest development of 200 units and accompanying infrastructure. 

Over time, McCombs, who now spearheads the project, expanded the original plan to create a new “Village at Wolf Creek” – a development of over 1,700 units including hotels, restaurants, boutique shops, condos and townhomes. At full buildout the “village” would house upto 10,000 residents, more that the population of either Vail or Aspen. 

McCombs has spent more than 35 years attempting to circumvent legitimate public review of his proposed “Village” and to gain year-round highway access to the isolated property. His efforts have included attaching riders to unrelated legislation, lobbying for federal staff appointments favorable to his plans, and even writing local land use codes that would guide the development.

Since the beginning, the Friends of Wolf Creek – a coalition of environmental organizations from around the state – have fought to ensure the “Village” is never realized. The group has been able to keep construction at bay, force the Forest Service to properly complete Environmental Impact Statements (EISs), and to make their documents regarding the exchange and environmental studies public.

For a full history of this ongoing battle, check out our history outline here.

Friends of Wolf Creek partner, San Juan Citizens Alliance created a video that explains the fight against the “village” at Wolf Creek:

The Administrative Record

The administrative record is the paper trail that documents an agency’s decision-making process and the basis for the agency’s decision. Here is a link to the administrative record provided by the Forest Service on their decision to approve the land exchange with Red McCombs.

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Cover image by: Alex Pullen