Quantcast
Fracking

Colorado Town Sues State, Gov. Hickenlooper and COGA to Protect Right to Ban Fracking

In a state wracked with clashes over its explosive expansion of fracking, residents of Lafayette, Colorado just outside Boulder, have filed a motion for a preliminary injunction to prevent the state of Colorado, Gov. John Hickenlooper and the Colorado Oil and Gas Association (COGA) from taking away the town's right to ban the practice.

Many Colorado citizens want the right to decide for themselves whether drilling sites like this one should be allowed in their communities. Photo credit: The Endocrine Disruption Exchange

Citizens in Lafayette, which is a Home Rule Community under Colorado law, voted last November to pass a Community Bill of Rights under its Home Rule Charter that banned fracking and established the right of citizens to a healthy environment. In December COGA sued the city to overturn its Bill of Rights, claiming that while citizens don't have a right to clean air and water or self-governance, COGA has a constitutional right to frack under the state's Oil and Gas Act.

Citizens responded by filing a first-of-its-kind class action suit in June, arguing that parts of the Oil and Gas Act violate the right to local self-governance. The preliminary injunction, filed yesterday in the Boulder County District County, would prevent COGA's lawsuit from moving forward until its own is decided and declare parts of the Oil and Gas Act unconstitutional.

The plaintiffs are part of the Colorado Community Rights Network, a group founded late last year to protect the rights of communities to make decisions locally on issues like fracking. They are represented by the Community Environmental Legal Defense Fund, a Pennsylvania-based group that provides affordable representation to communities clashing with deep-pockets corporations. CELDF executive director Thomas Linzey said of the Lafayette lawsuit:

The right to local, community self-government serves as the foundation for the American system of law. Yet the people’s right to self-governance has been routinely ignored by our elected representatives and overridden by the courts in favor of corporate rights. This class action lawsuit is merely the first of many by people across the United States whose constitutional rights to self-govern are routinely violated by state governments working in concert with the corporations that they ostensibly regulate. The people of Lafayette will not stand idly by as their rights are negotiated away by oil and gas corporations, and by their state government.

The lawsuit follows a recent deal between Gov. Hickenlooper and Colorado congressman Jared Polis to remove four contentious pro- and anti-fracking measures from this November's state ballot in favor of an 18-member commission, with both citizens and oil and gas industry representatives, to work out an agreement on the issues to submit to the legislature for approval.

Many environmentalists took a dim view of this compromise, despite the likelihood that the industry would spend tens of millions of dollars to buy itself another ballot victory.

YOU ALSO MIGHT LIKE

A Must Read Account of Fracking

Colorado Oil and Gas Industry Buys Colorado Fracking Election

Democrat Jared Polis Pulls Anti-Fracking Initiatives at Last Minute from Colorado Ballot

Show Comments ()
Sponsored
Popular

New Mexico Tribes Step Up to Protect Land Before Fossil Fuels Vote

Native American tribes are voicing concerns and demanding input on regulations on fossil fuel development in a New Mexico county, in the latest wave of tribal voices growing louder on oil and gas development across the country.

Sandoval County, home to 12 Native tribes, will hold a final vote in January on a draft ordinance to regulate oil and gas development in the county. In packed public meetings over the proposed ordinance last week, tribal leaders called out the lack of tribal input in the draft ordinance and raised concerns over the ordinance's lack of protections for water, air and land resources.

Keep reading... Show less
iStock

How to Talk to Your Relatives About Climate Change: A Guide for the Holidays

By Abigail Dillen

Most people who know me are too polite to question climate change when I'm around, but there are relatives and old family friends who hint at the great divide between their worldviews and mine. I think they sincerely believe that I would crush the economy forever if I had my way. On the other end of the spectrum are friends and family who are alarmed by climate and genuinely want to know what we and our elected officials can do about it. But no matter who's in the mix, it's hard to bring my work home for the holidays. Most of the time it feels easier to leave our existential crisis unmentioned.

Keep reading... Show less
Print Your City! The New Raw

3D Printing Turns Plastic Trash Into Public Furniture

Dutch designers are giving Amsterdam's plastic trash a second life by creating 3D-printed benches out of discarded plastic bags.

The "XXX" plastic bench, a collaboration between The New Raw and Aectual, made its debut in late October in the Dutch capital.

Keep reading... Show less
Popular

Chocolate Makers Agree to Stop Cutting Down Forests in West Africa for Cocoa

By Mike Gaworecki

At COP23, the UN climate talks in Bonn, Germany that wrapped up last week, top cocoa-producing countries in West Africa announced new commitments to end the massive deforestation for cocoa that is occurring within their borders.

Ivory Coast and Ghana are the number one and number two cocoa-producing nations on Earth, respectively. Together, they produce about two-thirds of the world's cocoa, but that production has been tied to high rates of deforestation as well as child labor and other human rights abuses.

Keep reading... Show less
Sponsored
Food

Why Thanksgiving Is the Perfect Time to Give Up Meat

By Peter Kalmus

Of all our holidays, Thanksgiving is my favorite. It's a time out from the frenetic pace of life, a time for families to slow down and gather in the kitchen—to just be. It doesn't lend itself to the garish onslaught of commercialization. (You can sense the capitalist frustration and over-compensation in that oddest of add-ons, Black Friday). And for me, Thanksgiving was the perfect time to finally give up meat.

My journey to vegetarianism has been one of gradual awareness. In college, while living off campus, I discovered the wonders of cooking Indian food. Because the one cookbook I owned was from the Vaishnava tradition, my Indian cookery was strictly vegetarian. At a formative period of my life, I fell in love with the flavors of India. Those dishes never wanted for meat.

Keep reading... Show less
Animals
Red wolf in Randolph, North Carolina. Valerie / Flickr

Senate Republicans Push for Extinction of North Carolina's Red Wolf

Tucked away in the Senate report accompanying Monday's funding bill for the Department of the Interior is a directive to the U.S. Fish and Wildlife Service to "end the Red Wolf recovery program and declare the Red Wolf extinct."

"Senate Republicans are trying to hammer a final nail in the coffin of the struggling red wolf recovery program," said Perrin de Jong, staff attorney at the Center for Biological Diversity. "It is morally reprehensible for Senator Murkowski and her committee to push for the extinction of North Carolina's most treasured wild predator. Instead of giving up on the red wolf, Congress should fund recovery efforts, something lawmakers have cynically blocked time and time again."

Keep reading... Show less
Sponsored
Health
Pexels

Connecting With Nature Improves Minds and Moods

By Marlene Cimons

Twentieth Century German social psychologist Erich Fromm first advanced the notion that humans hold an inborn connection to nature. Later, it was popularized by biologist E.O. Wilson as "the urge to affiliate with other forms of life." In the ensuing years, support for the positive effects of nature has gained considerable traction, grounded in a growing body of research.

In recent weeks, at least four new studies have emerged adding more validity to what science repeatedly has revealed: Being around nature is good for us. The latest research shows that interacting with nature makes the brain stronger and soothes the psyche.

Keep reading... Show less
Popular
The Trump administration has proposed increased entry fees at 17 national parks, including the Grand Canyon. Grand Canyon National Park / Flickr

You Now Have More Time to Protest National Park Fee Hikes

Following widespread outrage, the National Parks Service (NPS) has extended the comment period for the public to weigh in on the proposed rate hikes at 17 of the most popular national parks across the country.

The comment period now closes Dec. 22, 2017. The original deadline had been set for Thursday.

Keep reading... Show less
Sponsored

mail-copy

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