A forklift moves a delivery of K Rail barriers for the construction site of the FasTracks underground bus facility north of Wewatta Street at Union Station. Inside Lane photo.

By Kevin Flynn
Inside-Lane.com

U.S. District Judge John Kane today declined to issue an order that would have halted work that began this week on the conversion of Denver Union Station into the rail hub for the FasTracks network.

At a brief hearing this morning, the judge said that RTD and the authority in charge of the redevelopment hadn’t been properly served and therefore he could not act on the motion, said Philipp Theune, attorney for plaintiff Colorado Rail Passenger Association. Colorail filed for a temporary restraining order last week, and Theune said he will redraft the motion and file it again on Monday.

“It was a glitch and we will take care of it over the weekend and serve them on Monday,” Theune said.

Colorail sued RTD, the Federal Transit Administration and the Denver Union Station Project Authority last year over FTA’s approval of the Final Environmental Impact Statement for the project. Colorail maintains that the final document, in differing substantially from the draft, did not follow the procedures in the National Environmental Policy Act that required it.

RTD and DUSPA respond that the process followed all of the rules and that the approval was proper. Earlier this month, FTA awarded the Union Station renovation project $304 million in two loans RTD and DUSPA were seeking to get the total $480 million project started.

Construction began Monday with earth work starting out north of the station property where the plan calls for an underground bus transfer station.

Among other things, Colorail said that the later inclusion of the bus station into the original plan entailed other changes, such as moving the light rail station two and a half blocks from the proposed heavy-trail commuter platforms. Colorail’s position is that the change resulted in the possibility of irreparable harm to the historic environments and future transit needs of the facility.

RTD and DUSPA disagree and say the changes were fully analyzed and worked through during the environmental study.