By Matt Masich, LAW WEEK COLORADO
DENVER — Starting in May, digital recordings of oral arguments before the 10th U.S. Circuit Court of Appeals will be available to all who request them, the court ordered Friday. Oral arguments have been recorded for years, but recordings were for court use only. “This new general order basically turns that on its head,” said Clerk of Court Elisabeth Shumacher. Those who would like a copy of an oral argument will file a motion with court, which will send the recording via e-mail as an MP3 attachment. The change in the local rules is provisional, Shumacher said, but is expected to be made permanent next year. Several other U.S. circuits allow public access to recordings; some charge a fee and some post them online. The 10th Circuit has ruled that recordings will be available for free, but by request only.
Read the order here:
order95-1

The long-running Roadless Rule case will be argued Wednesday before the 10th U.S. Circuit Court of Appeals in Denver, reports Bob Berwyn of the Summit Voice. The U.S. Forest Service established the rule in 2001 to forbid construction of new roads on 58 million acres of federal land. The rule was applauded by environmental groups but criticized by the mining and logging industries. The State of Wyoming and mining groups successfully challenged the Roadless Rule in Wyoming federal court, prompting U.S. Judge Clarence Brimmer to enjoin enforcement of the rule in 2008. The U.S. Department of Agriculture, supported by environmental group EarthJustice, are appealing that decision.
A three-judge panel composed of Judges Stephen Anderson, Jerome Holmes and Michael Murphy will decide the case. Immediately before hearing oral arguments in the Roadless Rule case, the same panel will hear arguments in the appeal of the Rocky Flats class-action lawsuit. Two defense contractors are appealing a judgment ordering them to pay nearly a billion dollars in damages. A jury in the Colorado federal court in 2006 found that radioactive pollution released by the former Rocky Flats nuclear weapons plant lowered property values for more than 12,000 nearby property-owners.