Quantcast
Energy

Colorado Judge Strikes Down Longmont's Fracking Ban in Favor of 'State's Interest' in Oil and Gas

One thing is for sure—you can't accuse Boulder County District Court Judge D.D. Mallard of being dishonest.

Her decision Thursday regarding Longmont, CO's fracking ban includes no ambiguity. Instead it clearly states that concerns about health risks to residents don't quite stack up against Colorado's stake in the oil and gas industries.

"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," Mallard wrote in the decision, uploaded to Scribd by the Denver Post.

Voters approved the ban in 2012, but the Colorado Oil and Gas Association never stopped fighting to overturn it. Earthworks, the Sierra Club, Our Health, Our Future, Our Longmont and the other environmental groups listed as defendants plan on appealing the decision. The judge ruled that the ban can remain in place while an appeal is considered.

A judge's decision favoring Colorado's fracking industry makes it clear that residential safety isn't as much of a priority. Photo credit: Earthworks

“While we respectfully disagree with the court’s final decision, [Mallard] was correct that we were asking this Court, in part, to place protection from the health, safety and environmental risks from fracking over the development of mineral resources,” Kaye Fissinger, president of Our Health, Our Future, Our Longmont, said in a statement on Earthworks' website.

“It’s tragic that the judge views the current law in Colorado is one in which fracking is more important than public health; reversing that backwards priority is a long-term battle that we’re determined to continue.”

According to the Post, the City of Longmont had spent $116,324 defending the ban as of June 30. Though the groups argued that the language the industry relied on to get its desired result was written far before modern practices like fracking, Mallard said the issue should be taken up with a higher court or state legislators.

“This decision means two things: The judge has invited us to seek the change we need either through the higher courts or the legislature," said Bruce Baizel, Earthworks Energy Program director. “We fully intend to pursue the former on appeal, while the latter underscores the need for the citizens of Colorado to get out and support the Environmental Bill of Rights ballot measure this Fall.”

Show Comments ()
Sponsored
Freight Farms

Why This Montana Farmer Grows Food Year-Round in Shipping Containers

By Isabelle Morrison

Kim Curren, owner of Shaggy Bear Farm in Bozeman, Montana, has worn many hats. She worked in the solar power industry for 15 years, owned her own café bookstore and worked a stint as a medical case manager. In 2016, Curren decided to try her hand at farming, because why not?

Keep reading... Show less
Food
Sam Murphy

Got Nondairy Alternative Milk?

By Sam Schipani

More and more, ecologically minded milk consumers are turning to nondairy products to minimize their carbon hoofprints. Sales of almond milk shot up by 250 percent between 2011 and 2016. Meanwhile, consumption of dairy milk has plummeted 37 percent since the 1970s, according to the USDA.

Keep reading... Show less
Food
A burger made with a blend of beef and mushrooms. Mushroom Council

'Blended Burger' Allows a Simple Shift to More Sustainable Eating

By Richard Waite, Daniel Vennard and Gerard Pozzi

Burgers are possibly the most ubiquitous meal on Americans' dinner plates, but they're also among the most resource-intensive: Beef accounts for nearly half of the land use and greenhouse gas emissions associated with the food Americans eat.

Although there's growing interest in plant-based burgers and other alternatives, for the millions of people who still want to order beef, there's a better burger out there: a beef-mushroom blend that maintains, or even enhances, that meaty flavor with significantly less environmental impact.

Keep reading... Show less
Popular
Old White Truck / Flickr

The Last Straw? EU Official Hints Ban on Single-Use Plastic Across Europe

A top EU official hinted that legislation to cut plastic waste in Europe is coming soon.

Frans Timmermans, the first vice president of the European Commission, made the comment after Britain's environment minister Michael Gove, a pro-Brexiter, suggested that staying in the EU would make it harder for the UK to create environmental laws such as banning plastic drinking straws.

Keep reading... Show less
Sponsored
Energy
Flare from gas well. Ken Doerr / Flickr

Court Orders Trump Administration to Enforce Obama-Era Methane Rule

A federal judge reinstated a widely supported methane waste rule that President Trump's administration has repeatedly tried to stop.

Judge William Orrick of the U.S. District Court for Northern California ruled Thursday that Bureau of Land Management's (BLM) decision to suspend core provisions of the 2016 Methane and Waste Prevention Rule was "untethered to evidence."

Keep reading... Show less
Energy
On Jan. 24, 2017 President Donald Trump signed a memorandum to expedite the Keystone XL permitting process. Twitter | Donald Trump

Inside the Trump Admin's Fight to Keep the Keystone XL Approval Process Secret

By Steve Horn

At a Feb. 21 hearing, a U.S. District Court judge ruled that the Trump administration must either fork over documents showing how the U.S. Department of State reversed an earlier decision and ultimately came to approve the Keystone XL pipeline, or else provide a substantial legal reason for continuing to withhold them. The federal government has an order to deliver the goods, one way or the other, by March 21.

Keep reading... Show less
Sponsored
Health

New Black Lung Epidemic Emerging in Coal Country

In a study released this month by the National Institute for Occupational Safety and Health (NIOSH), federal researchers identified more than 400 cases of complicated black lung in three clinics in southwestern Virginia between 2013 and 2017—the largest cluster ever reported.

However, the actual number of cases is likely much, much higher as the government analysis relied on self-reporting. An ongoing investigation from NPR has counted nearly 2,000 cases diagnosed since 2010 across Appalachia.

Keep reading... Show less
Energy
Dennis Schroeder / NREL

The Facts About Trump’s Solar Tariffs – Who Gets Hurt? Who Gets Helped?

By John Rogers

The solar-related shoe we've been expecting has finally dropped: President Trump recently announced new taxes on imported solar cells and modules. There's plenty of downside to his decision, in terms of solar progress, momentum and jobs. But will it revive U.S. manufacturing?

Keep reading... Show less
Sponsored

mail-copy

The best of EcoWatch, right in your inbox. Sign up for our email newsletter!