Quantcast
Energy

Colorado Supreme Court Upholds State Power, Says Cities Can't Impose Fracking Bans

By Earthworks, Food & Water Watch, Our Longmont, Sierra Club

Today, the Colorado Supreme Court struck down the rights of Coloradans to protect their health, safety and wellbeing from fracking through the use of local bans. The justices denied residents their “right of enjoying and defending their lives and liberties; and of seeking and obtaining their safety and happiness" as outlined in the Colorado Constitution, by determining that oil and gas development is pre-empted by the state.

This decision overturns the democratically enacted measure to ban fracking passed overwhelmingly by Longmont residents in 2012 and strips all Coloradans of their Constitutional right to say “no" to fracking in their communities in order to prevent problems inherent in fracking, including air pollution, health complications, water contamination and reduced property values.

"It is beyond comprehension that the Colorado Supreme Court still fails to recognize the rights of people to live in a safe and healthy environment," Kaye Fissinger, president of Our Longmont, said. "The state has declared that fostering oil and gas development is in its interest. That the court apparently equates a government interest superior to human rights is a severe slap in the face. Our country's founding fathers are most certainly turning over in their graves."

In 2012, residents in Longmont passed a city charter amendment, Measure 300, which banned fracking and the disposal of its waste products, including injection wells within city limits, to protect homes, schools and public parks. The local ban passed with an overwhelming 60 percent majority despite being outspent 30-1 by the oil and gas industry. Gov. Hickenlooper and the oil and gas industry sued Longmont over this democratically enacted measure.

“Today's decision deals a devastating blow not just to Longmont residents, but to all Coloradans who have been stripped of a democratic process that should allow us the right to protect our health, safety and property from the impacts of this dangerous industrial activity," Lauren Petrie, Rocky Mountain region director with Food & Water Watch, said.

After appealing the District Court's ruling in 2015, the Colorado Court of Appeals petitioned the Colorado Supreme Court to hear this case. In an unprecedented decision, the Colorado Supreme Court agreed to hear this case and listened to oral arguments in December 2015, leading to this historic decision.

“Straight out of Orwell's Animal Farm, the Colorado Supreme Court just decided that the oil and gas industry is 'more equal' than other industries," Earthworks energy program director Bruce Baizel said. “Turning democracy on its head, today's ruling prohibits local communities from deciding whether and how to balance their health against the fracking industry's profits."

Physicians, Scientists & Engineers for Healthy Energy conducted an analysis of peer-reviewed studies on the impacts of fracking and shale gas development. It found that 21 of 25 papers published on the health impacts show potential risks or actual adverse outcomes, including increased incidence of cancer and birth defects associated with living in close proximity to oil and gas wells. The group's survey also showed that 33 of 48 water quality studies find either the potential for, a positive association with or direct evidence of water contamination. In addition, 30 of 34 focused on air quality found elevated levels of air pollution and that children are especially vulnerable to exposure to such pollution, according to the scientists.

As these inherent harms of fracking become ever-clearer, Gov. Hickenlooper's failed task force—formed in 2014 as a way to keep several anti-fracking measures off the ballot—has left municipalities frustrated as proposals to drill continue to encroach closer to homes and schools. In Adams County, a recent proposal to drill several new mega-facilities could place fracking wells within 100 feet from homes and a middle school. The governor's task force has failed to provide Coloradans with a way to protect their homes, families and futures from this dangerous, industrial activity.

“As a retired RN I am horrified that we continue to allow this toxic industry to operate next to our homes and schools," Karen Dike of the Sierra Club Rocky Mountain Chapter said. “The Colorado Supreme Court ruling discounts the inherent rights of the people of this state to have clean air to breath, fresh water to drink, land free of contamination and safe places to live, go to school and work. The ruling places profit of corporations before people and will allow the continuing toxic onslaught of this dangerous industry."

https://www.scribd.com/doc/311234580/Colo-Supreme-...

YOU MIGHT ALSO LIKE

Is Fracking Causing the Epidemic of Horse Birth Defects at Breeding Farm?

Watch: River Explodes Into Flames From Methane Coming From Nearby Fracking Sites

12 Arrested in Earth Day-Themed Protest Against Gas Storage in Seneca Lake's Salt Caverns

10 Years of Fracking: Its Impact on Our Water, Land and Climate

Show Comments ()

EcoWatch Daily Newsletter

Sponsored
Climate
Map of damage to the town of Paradise from the Camp Fire, the deadliest wildfire in California history. NASA / JPL-Caltech

Heavy Rain Could Trigger Mudslides in Fire-Weary California

Northern California, which is already reeling from the deadliest and most destructive wildfire in state history, is now bracing for heavy rainfall this week.

The forecasted rain could bring much-needed relief for the firefighters battling the Camp Fire in Butte County. However, it could also bring new hazards due to possible ash, mud and debris flows triggered by the rain.

Keep reading... Show less
Popular
A Super Scooper firefighting plane makes a water drop during the Holy Fire near Lake Elsinore, California this October. David McNew / Greenpeace

What Should We Know About Wildfires in California

By Rolf Skar

The Camp Fire raging in Northern California is now the most devastating and deadly fire in the state's recorded history. Simultaneously, deadly and destructive fires are burning in Southern California, as the Woolsey and Hill fires have engulfed iconic areas of Malibu and West Hills. With dozens dead, hundreds missing and thousands of structures destroyed, our hearts go out to those impacted across the region.

Keep reading... Show less
Health
Ambrosia artemisiifolia, common ragweed. PLOS ONE

Allergen Alert: Ragweed Is Spreading to New Regions

By Marlene Cimons

Cristina Stinson never had an allergic reaction to ragweed until after she started working with it. "I think the repeated exposure to the pollen is what did it," she said. It also didn't help that her community is chock-full of it. "There is plenty of ragweed in my neighborhood," she said. "In fact, it grows right outside my door."

Keep reading... Show less
Animals
A sperm whale that washed up in Indonesia's Wakatobi National Park had plastic bottles, bags and cups in its belly. @WWF_ID / Kartika Sumolang

13 Pounds of Plastic Found in Dead Sperm Whale

Yet another whale has suffered from plastic pollution. A sperm whale that washed up dead in a national park in Indonesia had nearly 13 pounds of plastic waste in its stomach, park officials told the Associated Press.

Researchers from the World Wildlife Fund (WWF) and the park's conservation academy uncovered more than 1,000 other pieces of plastic, including 115 plastic cups, four plastic bottles, 25 plastic bags, 2 flip-flops and a nylon sack.

Keep reading... Show less
Sponsored
Climate
The first smoke from the Camp Fire arrived in Ukiah and turned the daylight red. Bob Dass / Flickr / CC BY 2.0

Winds and Wildfires in California: 4 Factors to Watch That Increase Danger

By Brenda Ekwurzel

Before we dive into the science behind the four factors specific to the California Santa Ana winds, let's review the current situation in California and wildfire disaster risks in general.

Keep reading... Show less
Climate
A woman stands amidst the ruins of her home following Hurricane Michael; if action isn't taken on climate change, some places could face up to six such disasters at once. Joe Raedle / Getty Images

Tropics Could Face Six Climate Disasters at Once by 2100

In a year that saw record-breaking heat waves, record-breaking hurricanes and record-breaking wildfires, it's hard to imagine how the future could look any more like a disaster movie than the present. But that is exactly what researchers from the University of Hawaii at Mānoa have predicted in a study published in Nature Climate Change Monday.

Keep reading... Show less
Sponsored
Politics
Zinke tours Paradise, Calif. Nov. 14 with Governor Jerry Brown and FEMA Administrator Brock Long. Justin Sullivan / Getty Images

Zinke Blames ‘Radical Environmentalists’ for Historic California Wildfire

In an interview with Breitbart News on Sunday, Secretary of the Interior Ryan Zinke blamed "radical environmentalists" for the wildfires that have devastated California in recent weeks, The Huffington Post reported.

"I will lay this on the foot of those environmental radicals that have prevented us from managing the forests for years. And you know what? This is on them," he said in the interview.

You can listen to the whole thing here:

The remarks come as California has suffered the deadliest blaze in the state's history. The death toll from the Camp Fire, which destroyed the town of Paradise in Northern California, has now risen to 79. Around 1,000 people are still listed as missing, and the fire is now 70 percent contained, according to an Associated Press report Monday.

California Governor Jerry Brown blamed climate change in a statement made last weekend.

"Managing all the forests everywhere we can does not stop climate change, and those who deny that definitely are contributing to the tragedies that we are witnessing and will continue to witness," Brown said.

Regardless, Zinke has remained consistent in pointing the finger at forest management. His current criticisms echo his remarks following other fires this August, in which he said the increasingly frequent and violent blazes were the result of inadequate forest management, and not climate change. He continued in that vein during Sunday's interview:

"In many cases, it's these radical environmentalists who want nature to take its course. We have dead and dying timber. We can manage it using best science, best practices. But to let this devastation go on year after year after year is unacceptable, it's not going to happen. The president is absolutely engaged."

President Donald Trump has indeed vehemently blamed forest mismanagement ever since the recent batch of fires broke out, even threatening at one point to withhold federal funding if the forests weren't managed properly. During a visit to California Saturday to survey damage, Trump brought up forest management again, suggesting that the problem in California was that the forests were not raked enough.

"You look at other countries where they do it differently, and it's a whole different story," he said, as CNN reported. "I was with the president of Finland, and he said: 'We have a much different [sic] ..., we're a forest nation.' And they spent a lot of time on raking and cleaning and doing things, and they don't have any problem," he added.

Finnish President Sauli Niinistö, however, told a Finnish newspaper he did not recall suggesting raking to Trump.

"I mentioned [to] him that Finland is a land covered by forests and we also have a good monitoring system and network," he said.

Finnish people have taken to Twitter to poke fun at the U.S. President's statement using the hashtag "Raking America Great Again."

Despite Trump and Zinke's criticisms, the fact remains that the federal government controls almost 60 percent of the forests in California while the state controls only three percent. Paradise was surrounded by federal, not state, forests. Further, the fires in Southern California spread in suburban and urban areas, The Huffington Post reported.

Some think the emphasis put by Zinke and Trump on forest management is not about preventing fires at all but rather an attempt to justify opening more public forests to private logging interests.

U.S. Department of Interior Secretary Ryan Zinke speaks with land managers, private landowners, university staff, and the media about federal forestry and land management at Boise State University on June 2, 2017. USDA photo by Lance Cheung

Animals
Dolphin found with a bullet wound in California's Manhattan Beach. Marine Animal Rescue / Facebook

'Senseless Killing': Dolphin Found Shot Dead on California Beach

How could anyone shoot a dolphin? A dolphin that washed up dead in Manhattan Beach, California died from a bullet wound, according to local animal rescue workers.

Earlier this month, Peter Wallerstein, the founder of Marine Animal Rescue, responded to a call about a stranded dolphin on the surf, according to NBC News. By the time he arrived at the scene, the marine mammal was dead.

Keep reading... Show less
Sponsored

mail-copy

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