It will be interesting to see how this comes out. However, for it to establish a precedent that has a practical effect of ending the D&S controversy, it would seem that either the D&S would have to sue Colorado or the environmental activists would have to sue the D&S.
With all of the meetings between the Durango residents, the D&S, environmental lobbyists, and government groups, coupled with petitions, and the hiring of a technical consultant, it certainly seems like this is going somewhere. I’m waiting for the other shoe to drop.
I gather that the next step will be a grant of public money to start cutting and welding. As I mentioned before, I have not heard any mention of a specific objective or even a specific statement of the problem, other than that one white dog that turned black.
RK