Colorado Supreme Court Overturns Longmont’s Fracking Restrictions
Colorado Supreme Court Overturns Longmont’s Fracking Restrictions
Saying that the City of Longmont fracking regulations conflict with state law, the Colorado Supreme Court struck down Longmont’s citizen-initiated fracking regulations.
“The case did not end as the city hoped, but we respect the Supreme Court’s decision,” Longmont Mayor Dennis Coombs said.
The lawsuit filed against the city by the oil and gas industry and the State of Colorado challenged the citizen-initiated prohibition on hydraulic fracking within city limits, passed by the voters in November 2012. That measure also prohibited disposal of fracking waste in Longmont, and is known as Amendment 300 or Article XVI.
Hydraulic fracking is a process that uses water, sand and chemicals in the process of extracting oil and gas to extend fractures in rock layers.
Although the high court ruled that Longmont’s fracking restriction is preempted by state law, most of Longmont’s oil and gas regulations remain in place. “Longmont has secured important protections for the community including no drilling in neighborhoods, mandatory groundwater monitoring, setbacks from riparian areas, and other important regulations that will protect the health and safety of our residents,” Coombs said.
Coombs reiterated that it has always been the city’s goal to work cooperatively with the State of Colorado and the oil and gas industry while protecting the health and safety of our community. He believes the City of Longmont has practical and enforceable oil and gas regulations.
The mayor gives high praise to the city’s attorneys, Longmont City Attorney Eugene Mei and Longmont Assistant City Attorney Dan Kramer and Special Counsel Phil Barber, who worked countless hours preparing strong legal arguments presented to the Colorado Supreme Court. “Together, our legal team put together an excellent case and made the right legal arguments on the city’s behalf.” Coombs said. “I have been pleased with our vigorous defense of Longmont’s charter in accordance with the will of the people.”
The state and the Colorado Oil and Gas Association, an industry group, have sued the city twice. The first lawsuit involves local oil and gas regulations which the Longmont City Council passed in July 2012. The regulations generally restrict new oil and gas surface operations in residentially zoned areas, require disclosures of fracking chemicals to the city’s first responders, set groundwater monitoring rules, and limit visual and noise disturbance, among other things. The regulations require industry to incorporate best management practices used throughout the state in their Longmont operations. The state and the industry voluntarily dismissed this lawsuit in October 2014, agreeing never again to sue the City to challenge these regulations, and the regulations remain in effect.
The second lawsuit, challenging the citizen-initiated fracking restrictions, was filed against the City by the Colorado Oil and Gas Association, the State, and TOP Operating Company, an oil and gas operator with operations in Longmont. The Boulder County District Court held in July 2014 that the fracking restrictions were preempted by state law. Longmont appealed that decision, and the Colorado Supreme Court heard arguments in December 2015.
Longmont’s City Attorney’s Office will be meeting in executive session with the Longmont City Council on Tuesday evening, prior to the regularly scheduled City Council meeting, to review the court ruling.
Read the full Supreme Court ruling.
“The case did not end as the city hoped, but we respect the Supreme Court’s decision,” Longmont Mayor Dennis Coombs said.
The lawsuit filed against the city by the oil and gas industry and the State of Colorado challenged the citizen-initiated prohibition on hydraulic fracking within city limits, passed by the voters in November 2012. That measure also prohibited disposal of fracking waste in Longmont, and is known as Amendment 300 or Article XVI.
Hydraulic fracking is a process that uses water, sand and chemicals in the process of extracting oil and gas to extend fractures in rock layers.
Although the high court ruled that Longmont’s fracking restriction is preempted by state law, most of Longmont’s oil and gas regulations remain in place. “Longmont has secured important protections for the community including no drilling in neighborhoods, mandatory groundwater monitoring, setbacks from riparian areas, and other important regulations that will protect the health and safety of our residents,” Coombs said.
Coombs reiterated that it has always been the city’s goal to work cooperatively with the State of Colorado and the oil and gas industry while protecting the health and safety of our community. He believes the City of Longmont has practical and enforceable oil and gas regulations.
The mayor gives high praise to the city’s attorneys, Longmont City Attorney Eugene Mei and Longmont Assistant City Attorney Dan Kramer and Special Counsel Phil Barber, who worked countless hours preparing strong legal arguments presented to the Colorado Supreme Court. “Together, our legal team put together an excellent case and made the right legal arguments on the city’s behalf.” Coombs said. “I have been pleased with our vigorous defense of Longmont’s charter in accordance with the will of the people.”
The state and the Colorado Oil and Gas Association, an industry group, have sued the city twice. The first lawsuit involves local oil and gas regulations which the Longmont City Council passed in July 2012. The regulations generally restrict new oil and gas surface operations in residentially zoned areas, require disclosures of fracking chemicals to the city’s first responders, set groundwater monitoring rules, and limit visual and noise disturbance, among other things. The regulations require industry to incorporate best management practices used throughout the state in their Longmont operations. The state and the industry voluntarily dismissed this lawsuit in October 2014, agreeing never again to sue the City to challenge these regulations, and the regulations remain in effect.
The second lawsuit, challenging the citizen-initiated fracking restrictions, was filed against the City by the Colorado Oil and Gas Association, the State, and TOP Operating Company, an oil and gas operator with operations in Longmont. The Boulder County District Court held in July 2014 that the fracking restrictions were preempted by state law. Longmont appealed that decision, and the Colorado Supreme Court heard arguments in December 2015.
Longmont’s City Attorney’s Office will be meeting in executive session with the Longmont City Council on Tuesday evening, prior to the regularly scheduled City Council meeting, to review the court ruling.
Read the full Supreme Court ruling.
