Quantcast
Environmental News for a Healthier Planet and Life

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

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

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:

 

A 3-hour special film by EarthxTV calls for protection of the Amazon and its indigenous populations. EarthxTV.org

To save the planet, we must save the Amazon rainforest. To save the rainforest, we must save its indigenous peoples. And to do that, we must demarcate their land.

Read More Show Less

EcoWatch Daily Newsletter

UN Secretary General Antonio Guterres delivers a video speech at the high-level meeting of the 46th session of the United Nations Human Rights Council UNHRC in Geneva, Switzerland on Feb. 22, 2021. Xinhua / Zhang Cheng via Getty Images

By Anke Rasper

"Today's interim report from the UNFCCC is a red alert for our planet," said UN Secretary General Antonio Guterres.

The report, released Friday, looks at the national climate efforts of 75 states that have already submitted their updated "nationally determined contributions," or NDCs. The countries included in the report are responsible for about 30% of the world's global greenhouse gas emissions.

Read More Show Less

Trending

New Delhi's smog is particularly thick, increasing the risk of vehicle accidents. SAJJAD HUSSAIN / AFP via Getty Images

India's New Delhi has been called the "world air pollution capital" for its high concentrations of particulate matter that make it harder for its residents to breathe and see. But one thing has puzzled scientists, according to The Guardian. Why does New Delhi see more blinding smogs than other polluted Asian cities, such as Beijing?

Read More Show Less
A bridge over the Delaware river connects New Hope, Pennsylvania with Lambertville, New Jersey. Richard T. Nowitz / Getty Images

In a historic move, the Delaware River Basin Commission (DRBC) voted Thursday to ban hydraulic fracking in the region. The ban was supported by all four basin states — New Jersey, Delaware, Pennsylvania and New York — putting a permanent end to hydraulic fracking for natural gas along the 13,539-square-mile basin, The Philadelphia Inquirer reported.

Read More Show Less
Woodpecker

Colombia is one of the world's largest producers of coffee, and yet also one of the most economically disadvantaged. According to research by the national statistic center DANE, 35% of the population in Columbia lives in monetary poverty, compared to an estimated 11% in the U.S., according to census data. This has led to a housing insecurity issue throughout the country, one which construction company Woodpecker is working hard to solve.

Read More Show Less