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 ()

EcoWatch Daily Newsletter

Sponsored
Popular
Martin Luther King, Jr. National Historic Site. NPS

MLK National Park to Re-Open Despite Shutdown, Thanks to Delta

Hats off to Delta Air Lines. The company's charitable arm awarded the National Park Service an $83,500 grant to help reopen the Martin Luther King Jr. National Historical Park in Atlanta from Jan. 19 through Feb. 3 in honor of Dr. King's legacy.

The Atlanta-based airline was inspired to act after learning that some of the park's sites, including Dr. King's birth home, Ebenezer Baptist Church, Fire Station No. 6 and the visitor center, were closed due to the partial government shutdown, now on its 28th day, according to LinkedIn post from Delta Air Lines CEO Ed Bastian.

Keep reading... Show less
Food
Chris So / Toronto Star / Getty Images

Nebraska Lawmakers Want to Ban the Word 'Meat' From Vegetarian Substitutes

By Dan Nosowitz

Nebraska is the country's second-leading producer of beef, and is in the top ten of pork producers.

Keep reading... Show less
Insights/Opinion
A northern cardinal and finch in the snow. Mark Moschell / Flickr

Is Winter Miserable for Wildlife?

By Bridget B. Baker

While the weather outside may indeed get frightful this winter, a parka, knit hat, wool socks, insulated boots and maybe a roaring fire make things bearable for people who live in cold climates. But what about all the wildlife out there? Won't they be freezing?

Anyone who's walked their dog when temperatures are frigid knows that canines will shiver and favor a cold paw—which partly explains the boom in the pet clothing industry. But chipmunks and cardinals don't get fashionable coats or booties.

Keep reading... Show less
Animals
A green sea turtle, one of the animals whose population has increased because of Endangered Species Act protections. Mark Sullivan / NOAA

Marine Mammals and Turtles Protected by the Endangered Species Act Are Bouncing Back

The Endangered Species Act works. That's the conclusion of a peer-reviewed study undertaken by scientists at the Center for Biological Diversity and published in PLOS ONE Wednesday.

The study looked at 31 populations of 19 species of marine mammals and sea turtles in the U.S. that had been granted endangered species protections and found that around three-quarters of them had increased in size.

Keep reading... Show less
Sponsored
Climate
Students demonstrate in Brussels Thursday calling for climate action. NICOLAS MAETERLINCK / AFP / Getty Images

12,000+ Belgian Students Skip School to Demand Climate Action

Around 12,500 Belgian students marched in Brussels Thursday, joining a growing movement of young people around the world who have started skipping school to demand climate action.

"There is actually no point going to school if our world is going to die," 16-year-old demonstrator Mariam told BBC News in a video.

Keep reading... Show less
Renewable Energy
A prototype of GE's massive new wind turbine will be installed in the industrial area of Maasvlakte 2 in Rotterdam. GE Renewable Energy

World's Largest Wind Turbine to Test Its Wings in Rotterdam

Rotterdam's skyline will soon feature the world's largest and most powerful offshore wind turbine.

GE Renewable Energy announced on Wednesday it will install the first 12-megawatt Haliade-X prototype in the Dutch city this summer. Although it's an offshore wind turbine by design, the prototype will be installed onshore to facilitate access for testing.

Keep reading... Show less
Sponsored
Insights/Opinion
Colorful, fresh organic vegetables. fcafotodigital / Getty Images

A New Diet for the Planet

By Tim Radford

An international panel of health scientists and climate researchers has prescribed a new diet for the planet: more vegetables, less meat, fresh fruit, whole grains and pulses, give up sugar, waste less and keep counting the calories.

And if 200 nations accept the diagnosis and follow doctor's orders, tomorrow's farmers may be able to feed 10 billion people comfortably by 2050, help contain climate change, and prevent 11 million premature deaths per year.

Keep reading... Show less
Popular
Children's books about the environment. U.S. Air Force photo / Karen Abeyasekere

This State Might Require Public Schools to Teach Climate Change

Reading, writing, arithmetic ... and climate science. That doesn't have the same ring as the "three Rs" of education, but Connecticut could one day require the subject to be on the curriculum, The Associated Press reported.

A Connecticut state lawmaker is pushing a bill to mandate the teaching of climate change in public schools throughout the state, starting in elementary school.

Keep reading... Show less
Sponsored

mail-copy

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