Colorado Oil and Gas Conservation Commission

Flag of Colorado waving.Today, the Colorado Court of Appeals held that the Denver district court erred when it dismissed the suit of Colorado youth who challenged the dismissal by the Colorado Oil and Gas Conservation Commission (the “COGCC”) of their rulemaking petition.  Martinez v. Colorado Oil and Gas Conservation Commission, 2017COA37 (March 23, 2017).  The district court had affirmed the COGCC’s dismissal concluding that the COGCC lacked the authority to consider a proposed rule that would require the COGCC to adjust the balance between the development of oil and gas resources and the protection of public health, safety, and welfare under the Oil and Gas Conservation Act (the “Act”).

The court of appeals concluded
Continue Reading Kids’ Climate Suit Can Move Forward in Colorado State Court

Drilling rig at dawnIn the wake of several state court decisions ruling that municipal bans or moratoria on hydraulic fracturing, or fracking, are preempted by state laws, anti-fracking activists are now turning to state ballot initiatives in an attempt to ban or restrict the practice. Fracking refers to the process by which water, sand and a small amount of chemicals are injected at high pressure deep underground to create fractures in dense rock, thereby increasing reservoir permeability to allow oil and gas to more easily flow to the wellbore. The process, in combination with horizontal drilling, has dramatically increased oil and gas production in the U.S. over the past decade.
Continue Reading State Ballot Initiatives: The Latest Front on the War Against Fracking