An application to build a county-owned composting facility at the site of the former Rainbow Nursery was pulled Thursday with unanimous approval from Boulder County commissioners.
However, a spokesman for a grassroots group in opposition to the proposed facility said commissioners missed an opportunity to address the deeper issue involved in its objections to the plan.
Rob O’Dea, spokesperson for Protect Rainbow Open Space, said the crux of the issue lies in maintaining the integrity of open spaces and conservation easements, which is the subject of a lawsuit filed by three landowners.
“I think we’re encouraged they took a step back to give an opportunity for the two new commissioners to understand all of the issues at play,” O’Dea said referencing Commissioners Marta Loachamin and Claire Levy, who took office in January after being elected in November. “Frankly, I’m disheartened that commissioners didn’t even acknowledge or take the opportunity to address the pending legal action (which is based on) preserving the integrity of open spaces and conservation easements.”
The lawsuit filed in Boulder County District Court names Lisa E. Battan, Brandon T. White and Victor M. Vargas as plaintiffs and says the county in 1994 used sales and use tax revenue to pay $170,000 to create a conservation easement for the parcel because it was “prime agricultural land.” The sales and use tax funds used in the purchase of the conservation easement can only be used for agricultural or environmental preservation, the suit states.
The suit claims the county used the “right of first purchase” to buy the property in 2018 to convert it into a composting facility and that the protections offered under the conservation easement no longer exist.
Commissioners didn’t address the concerns about violating the public trust, O’Dea said, adding their “avoiding that topic is unfortunate.”
The lawsuit, which the county has asked be dismissed, is “in full speed” until the issue of the perpetual conservation easement status is addressed, he said.
“Withdrawing the application hasn’t resolved the issue at all,” O’Dea said, adding the case has implications nationwide for the future of open spaces and conservation easements.
“This has been horrifically mischaracterized as a NIMBY issue of a bunch of neighbors who simply don’t want a composting facility in their backyard,” he said. “This is not just about the composting facility on this parcel of land. It’s about protecting the integrity of conservation easements. People are watching this issue nationwide for the precedent it sets.”
Exploring the construction of a facility to handle construction and demolition waste and a local compost facility began in 2016 as a way to help the county reach its goal of being zero waste, or nearly so, that was created in the county’s zero-waste plan adopted in 2010.
“Our community has shared its support for strong climate action,” Office of Sustainability, Climate Action and Resilience director Susie Strife, said during her presentation to commissioners and in a statement shared in a county news release. “After this past year of multiple overlapping disasters right here in Boulder County — climate-fueled wildfires, extreme high heat, and extraordinarily poor air quality — the impacts of climate change cannot be ignored. The county, in partnership with our cities, towns, and local and statewide organizations are deeply committed to high-impact solutions that can help mitigate this crisis.”
The Rainbow Nursery site, which is south of Longmont on the east side of U.S. 287 between Colo. 52 and Lookout Road, emerged as a finalist for the composting facility from a starting list of more than 80, according to a staff memo to commissioners.
“After careful consideration of projected costs and associated engineering constraints, presentations by staff (including a staff memo), and their own review of the proposed project, the county commissioners agreed with the staff recommendation to withdraw the application for special use review of the former Rainbow Tree Nursery,” the county news release states. “They further directed staff to continue to look for opportunities to support the county's waste diversion and climate action goals, including composting solutions, and to seek public input along the way.”
Commissioner Matt Jones, in the county release, stated “We absolutely need composting options in Boulder County that help meet our waste diversion goals, improve soil health, and fight climate change, and I also strongly believe we should not use open space for a composting facility. We need to continue our work with our waste diversion partners, farmers, and county residents to find effective and innovative answers to this pressing issue. I support the county’s taking a step back, reenvisioning solutions, and getting public input along the way.”
Commissioner Claire Levy in the release stated, “In looking at this proposal, I had questions about whether a single facility is the best way to make progress towards our goal of diverting waste from landfills and reducing greenhouse gas emissions. I would like to better understand whether the compost will be usable by our Boulder County farmers. Ending this application is the best way for us to get this information and be able to engage with the community in the way we commissioners would like to. I am committed to achieving our environmental goals but we need to make sure that any decision we commit to is one that will truly make progress towards those goals and is responsive to the interests and needs of our residents.”
Nancy and Jeff Davis own Reverie Farms, which is adjacent to the Rainbow Nursery site. They, too, have a conservation easement and they, too, have filed a lawsuit in opposition to the composting facility.
Like O’Dea, Nancy Davis said Thursday’s withdrawal of the application in no way is a resolution to the issue, adding that if commissioners and county staff want more public input on the proposal, their first call should be to her.
“If they really are serious about this and really have good intentions to talk about it, the first thing to do is to restore the conservation easement and acknowledge its open space purchased with open space funds. Then we can talk about real sustainability efforts,” she said.
Outreach needs to include the “whole public” and listening to scientific points of view, she said.
She called the arguments for the facility “greenwashing” and said a composting facility of the scale proposed at the Rainbow Nursery site “is bad. Bad for the environment and people.”
As with Protect Rainbow Open Space, Davis said her lawsuit will continue, which does not bring her any pleasure as a 23-year resident who moved to Boulder County with her husband and 3-month old daughter.
“A lawsuit really is not fun and suing my own county … is really something that hurts my heart,” she said.
“Our business has been impacted and now we have to spend tens of thousands of dollars” to change the county’s course on “something they promised to do — protect Rainbow (open space).”
