Quantcast
Environmental News for a Healthier Planet and Life

Help Support EcoWatch

Coalition Acts to Protect Longmont’s Constitutional Right to Ban Fracking

Energy

Earthworks

Despite over half a million dollars spent by the fossil fuel industry in Longmont, Colorado, residents voted Nov. 6 to make the city the first to ban fracking in the state.

A coalition of community, public health, consumer and environmental organizations filed a motion yesterday in the Weld County District Court to intervene in the Colorado Oil and Gas Association’s lawsuit that seeks to invalidate Longmont’s ban of the oil and gas practice known as fracking and related surface activities, such as storage of toxic post-fracking fluids. This ban was instituted by the citizens of Longmont in an amendment to the City Charter, Article XVI, the Longmont Public Health, Safety and Wellness Act.

The people of Longmont by an overwhelming vote of 60 percent (more than 25,000 people), voted in the November 2012 election to amend the City Charter to ban fracking, affirming their intention “to protect themselves from the harms associated with hydraulic fracturing, including threats to public health and safety, property damage and diminished property values, poor air quality, destruction of landscape and pollution of drinking and surface water.” This historic ballot measure was spearheaded by Our Health, Our Future, Our Longmont (Our Longmont).

“We are taking this action because we hope to affirm the rights of citizens and communities to guarantee a safe and healthy environment for themselves and future generations,” said Michael Harris, director of the University of Denver Sturm College of Law Environmental Law Clinic. “We are honored to represent Our Longmont, Food & Water Watch, Sierra Club and Earthworks.”

The Colorado Constitution confers on all individuals certain inalienable rights. These rights are expressed in the Colorado Oil and Gas Act, which requires that oil and gas resources be extracted in a “manner consistent with the protection of public health, safety and welfare.”

“The extraction process of hydraulic fracturing has not been proven to be safe,” said Kaye Fissinger, managing member of Our Longmont. “Further, the State of Colorado has created a situation where the commission that oversees the oil and gas industry has an inherent conflict of interest. It cannot simultaneously foster the development of oil and gas and protect the health, safety and welfare of the citizens.”

“The dangerous, toxic practice of fracking has been a matter of grave importance to the people of Longmont since October of 2011,” said Michael Bellmont, spokesperson for Our Longmont. “To assure the protection of those in our community, Our Longmont undertook a petition drive to place the charter amendment on the ballot. In November, our citizens exercised their rights to self-determination, also guaranteed under Article XX of Colorado’s Constitution. In light of the Colorado Oil and Gas Association’s attack, it is necessary that citizens participate in the judicial process to guarantee our constitutionally protected rights. It is for this reason Our Longmont and others have moved to intervene,” Bellmont said.

Food & Water Watch provided invaluable assistance to Our Longmont throughout the effort to qualify and pass Longmont’s charter amendment. Sam Schabacker, mountain west regional director for the organization, said, “We were delighted to be able to help the citizens of Longmont prohibit the dangerous industrial practice of hydraulic fracking and are pleased to be able to continue to support them. We have every confidence that the courts will reject the claims of the Colorado Oil and Gas Association and preserve Longmont’s constitutional and home rule rights.”

According to Eric E. Huber, senor managing attorney for the Sierra Club Environmental Law Program, “This lawsuit could have a precedential effect throughout Colorado as other communities work to pass similar prohibitions on fracking and the disposal of its waste products within their boundaries.”

Bruce Baizel, director of Earthworks’ Oil & Gas Accountability Project, said, “The citizens of Longmont took this action because they don’t trust state regulators to protect them. Rather than sue communities acting to protect their public health, industry and the state should be addressing legitimate community concerns by putting the public’s health before industry profits.”

Visit EcoWatch’s FRACKING page for more related news on this topic.

——–

Sign the petition today, telling President Obama to enact an immediate fracking moratorium:

 

EcoWatch Daily Newsletter

By Michael Svoboda

The enduring pandemic will make conventional forms of travel difficult if not impossible this summer. As a result, many will consider virtual alternatives for their vacations, including one of the oldest forms of virtual reality – books.

Read More Show Less
Public Employees for Environmental Responsibility on Thursday accused NOAA of ignoring its own scientists' findings about the endangerment of the North Atlantic right whale. Lauren Packard / Flickr / CC BY 2.0

By Julia Conley

As the North Atlantic right whale was placed on the International Union for Conservation of Nature's list of critically endangered species Thursday, environmental protection groups accusing the U.S. government of bowing to fishing and fossil fuel industry pressure to downplay the threat and failing to enact common-sense restrictions to protect the animals.

Read More Show Less
Pexels

By Beth Ann Mayer

Since even moderate-intensity workouts offer a slew of benefits, walking is a good choice for people looking to stay healthy.

Read More Show Less
Much of Eastern Oklahoma, including most of Tulsa, remains an Indian reservation, the Supreme Court ruled on Thursday. JustTulsa / CC BY 2.0

Much of Eastern Oklahoma, including most of Tulsa, remains an Indian reservation, the Supreme Court ruled on Thursday.

Read More Show Less
The Firefly Watch project is among the options for aspiring citizen scientists to join. Mike Lewinski / Wikimedia Commons / CC by 2.0

By Tiffany Means

Summer and fall are great seasons to enjoy the outdoors. But if you're already spending extra time outside because of the COVID-19 pandemic, you may be out of ideas on how to make fresh-air activities feel special. Here are a few suggestions to keep both adults and children entertained and educated in the months ahead, many of which can be done from the comfort of one's home or backyard.

Read More Show Less
People sit at the bar of a restaurant in Austin, Texas, on June 26, 2020. Texas Governor Greg Abbott ordered bars to be closed by noon on June 26 and for restaurants to be reduced to 50% occupancy. Coronavirus cases in Texas spiked after being one of the first states to begin reopening. SERGIO FLORES / AFP via Getty Images

The coronavirus may linger in the air in crowded indoor spaces, spreading from one person to the next, the World Health Organization acknowledged on Thursday, as The New York Times reported. The announcement came just days after 239 scientists wrote a letter urging the WHO to consider that the novel coronavirus is lingering in indoor spaces and infecting people, as EcoWatch reported.

Read More Show Less

Trending

A never-before-documented frog species has been discovered in the Peruvian highlands and named Phrynopus remotum. Germán Chávez

By Angela Nicoletti

The eastern slopes of the Andes Mountains in central Perú are among the most remote places in the world.

Read More Show Less