Quantcast
Environmental News for a Healthier Planet and Life

Colorado Supreme Court to Make Historic Ruling on Fracking Bans

Energy

Tensions are rising to a crescendo across Colorado as the Colorado Supreme Court has agreed to hear the extremely controversial issue of whether fracking bans and long-term moratoriums are allowed in the state.

Back in 2012 and 2013, five Colorado cities—Boulder, Broomfield, Lafayette, Longmont and Fort Collins—all enacted long-term moratoriums or bans. Boulder County also enacted a long-term moratorium. So far:

  • The City of Boulder’s long-term moratorium was not challenged and remains intact.

  • Boulder County’s long-term moratorium was not challenged and remains intact.

  • Broomfield’s long-term moratorium was challenged by the Colorado Oil and Gas Association and lost in court and then the Broomfield City Council was granted a “suspension” of their appeal of the case pending the outcome of the Colorado Supreme Court case.

  • Lafayette’s ban was challenged by the Colorado Oil and Gas Association and lost in court and then the Lafayette City Council did not to appeal the decision.

  • Longmont’s moratorium was challenged by the Colorado Oil and Gas Association and lost in court and then the City Council appealed the decision.

  • Fort Collins’ long-term moratorium was challenged by the Colorado Oil and Gas Association and lost in court and then the City Council appealed the decision.

The Supreme Court has combined the two cases from Longmont and Fort Collins and is expected to start hearing briefs by the end of 2015.

Colorado Governor John Hickenlooper continues to be a very controversial and outspoken supporter of fracking across the state—he opposed the bans and moratoriums and then he forced the State of Colorado to sue Longmont when their ban took effect (he later dropped the lawsuit). Just this week, Hickenlooper stated in a public radio interview that he expected the Supreme Court—which he appoints—to rule to support the Colorado Oil and Gas Association. He said the Court should see the bans and moratoriums as a type of “private property rights taking,” similar to “eminent domain” that requires “compensation” paid by the cities to the owners of the oil and gas mineral rights.

I see it differently. If the issue of “takings” is considered by the Colorado Supreme Court, it should also include the “taking” that forces fracking down the throats of home-owning citizens thereby taking their property values, health, safety and quality of life. If Governor Hickenlooper wants to talk about “takings” and “compensation,” then by all means the Supreme Court should consider it both ways.

Will the Colorado Supreme Court compensate homeowners for the harms caused by fracking? An endless stream of stories race across the media in Colorado about how people have been hurt, wronged, impacted, made sick, left nearly homeless, etc. by fracking very near their homes. It’s time to let the Supreme Court weigh in.

Gary Wockner, PhD, is an environmental activist and writer based in Fort Collins and was heavily involved in supporting the moratoriums and bans. Contact: Gary@GaryWockner.com.

YOU MIGHT ALSO LIKE

Leonardo DiCaprio Pledges to Divest From Fossil Fuels as Movement Grows 50-Fold in One Year 

Senate Democrats Unveil Energy Bill to Signal ‘Full-Throated Support’ of Obama’s ‘Aggressive’ Climate Plan

Hillary Clinton Breaks Keystone XL Silence, Announces Her Opposition to the Pipeline

Obama, Sanders, Kennedy Praise Pope’s Call to Action on Climate Change

EcoWatch Daily Newsletter

An aerial view of a crude oil storage facility of Caspian Pipeline Consortium (CPC) in the Krasnodar Territory. Vitaly Timkiv / TASS / Getty Images

Oil rigs around the world keep pulling crude oil out of the ground, but the global pandemic has sent shockwaves into the market. The supply is up, but demand has plummeted now that industry has ground to a halt, highways are empty, and airplanes are parked in hangars.

Read More Show Less
Examples (from left) of a lead pipe, a corroded steel pipe and a lead pipe treated with protective orthophosphate. U.S. EPA Region 5

Under an agreement negotiated by community groups — represented by NRDC and the Pennsylvania Utility Law Project — the Pittsburgh Water and Sewer Authority (PWSA) will remove thousands of lead water pipes by 2026 in order to address the chronically high lead levels in the city's drinking water and protect residents' health.

Read More Show Less
Sponsored
ROBYN BECK / AFP / Getty Images

By Dave Cooke

So, they finally went and did it — the Trump administration just finalized a rule to undo requirements on manufacturers to improve fuel economy and reduce greenhouse gas emissions from new passenger cars and trucks. Even with the economy at the brink of a recession, they went forward with a policy they know is bad for consumers — their own analysis shows that American drivers are going to spend hundreds of dollars more in fuel as a result of this stupid policy — but they went ahead and did it anyway.

Read More Show Less

By Richard Connor

A blood test that screens for more than 50 types of cancer could help doctors treat patients at an earlier stage than previously possible, a new study shows. The method was used to screen for more than 50 types of cancer — including particularly deadly variants such as pancreatic, ovarian, bowel and brain.

Read More Show Less
Ian Sane / Flickr

Preliminary data from the Centers for Disease Control showed a larger number of young people coming down with COVID-19 than first expected, with patients under the age of 45 comprising more than a third of all cases, and one in five of those patients requiring hospitalization. That also tends to be the group most likely to use e-cigarettes.

Read More Show Less