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Gas, oil adversaries battle for local control

Fracking opponents say rulings put profit before public health
Polis

DENVER – Two key developments last week in the battle for local control over gas and oil regulations in Colorado signaled that interests will remain fractured through the November election.

A Boulder County District Court judge on Thursday struck down a ban on hydraulic fracturing enacted by Longmont voters in 2012 but said the ban can remain in place pending appeal.

The ruling puts into question similar restrictions enacted by voters in four other communities along the Front Range, ranging from outright bans to moratoriums.

The decision came as proponents announced surpassing the requirement for signatures related to two ballot initiatives that aim to increase regulations. Those initiatives are being pushed by U.S. Rep. Jared Polis, D-Boulder.

Judge D.D. Mallard cited several court precedents stating that the Colorado Oil and Gas Conservation Act pre-empts Longmont’s ban on so-called fracking. The Colorado Oil and Gas Conservation Commission is the regulatory authority.

“While the Court appreciates the Longmont citizens’ sincerely held beliefs about risks to their health and safety, the Court does not find this is sufficient to completely devalue the State’s interest, thereby making the matter one of purely local interest,” Mallard wrote in the ruling. “Instead, the Court finds this matter of mixed local and state interest.”

The case against Longmont was brought by the Colorado Oil and Gas Association. Joining the case was the COGCC and TOP Operating Co., the largest producer in the Longmont area. Environmental groups offered support to Longmont in defending against the lawsuit.

Proponents of the Longmont initiative said they plan to appeal.

“It’s tragic that the judge views the current law in Colorado as one in which fracking is more important than public health,” said Kaye Fissinger, president of Our Health, Our Future, Our Longmont.

The COGCC also is suing Longmont separately for rules and regulations enacted by the City Council there in 2012. That case remains in limbo. Other lawsuits brought by COGA against communities that passed bans or moratoriums remain up in the air, as well, though the Boulder court decision offers some direction.

Fracking has long been used in wells by using chemicals, sand and water to create small fractures under the ground to stimulate production of new and existing gas and oil wells. Fears exist that the process can contaminate water and pollute the air. There also are nuisance concerns, such as noise and congestion.

Coloradans for Local Control, operating under the issue committee Coloradans for Safe and Clean Energy, has proposed two constitutional initiatives that would:

Increase setbacks of wells from fixed structures to 2,000 feet from the current uniform standard of 500 feet.

Enact an environmental declaration that allows local governments to create more stringent rules and regulations than those of the state.

Proponents have collected 98,227 signatures for the setback question and 96,791 for the local control push. They need 86,105 valid signatures to make the ballot, so they’re looking to cushion it with around 140,000 signatures per initiative.

“With rulings like this, it is more imperative than ever to get Initiatives 88 and 89 on the Colorado ballot,” said Mara Sheldon, spokeswoman for Safe. Clean. Colorado. “The industry is willing to throw caution to the wind when it comes to protecting communities and children.”

Opponents, however, said the court decision should be a warning to Polis that the controversial self-made millionaire should halt his ballot drive.

“Perhaps now Congressman Polis will listen to elected officials in both political parties and the business and community groups who have asked him to withdraw his arbitrary and irresponsible ballot initiatives,” said Karen Crummy, spokeswoman for Protecting Colorado’s Environment, Economy, and Energy Independence, the issue committee established to oppose the ballot drives.

At a news conference recently, Gov. John Hickenlooper, a Democrat and former geologist, announced bipartisan opposition to the proposals.

Business interests continue to pressure Polis to back out, stemming from discussions about a special legislative session that would have staved off the drive. But that never came to fruition, and proponents say they are full steam ahead.

Observers say the election could cost up to $50 million between both sides. Close to $11 million already has been contributed, with nearly $10 million in ad time already reserved.

“Coloradans clearly want a balance between responsible energy development and having a safer place for our families to live and our children to play,” Sheldon said. “Now they will have the opportunity to vote on it.”

pmarcus@durangoherald.com



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