The best of EcoWatch, right in your inbox. Sign up for our email newsletter!
A judge overturned Fort Collins' five-year moratorium on hydraulic fracturing Thursday, making it the third big blow to efforts by grassroots groups and politicians working to ban fracking in communities throughout the state.
District Judge Gregory M. Lammons ruled on the lawsuit filed in late 2013 by the Colorado Oil and Gas Association challenging the bans passed by voters in Fort Collins and Longmont stating that the Fort Collins moratorium is preempted by the Colorado Oil and Gas Conservation Act because it “impedes a state interest and prohibits what the state law allows.”
“The City’s five-year ban effectively eliminates the possibility of oil and gas development within the City,” Lammons writes. “This is so because hydraulic fracturing is used in ‘virtually all oil and gas wells’ in Colorado. To eliminate a technology that is used in virtually all oil and gas wells would substantially impede the state’s interest in oil and gas production.”
The moratorium in Fort Collins stopped new wells from being fracked within city limits, while the city performed a study on the health impacts of fracking. City officials now have seven weeks to decide if it plans to appeal the court's decision.
"We are disappointed at the outcome," Interim City Attorney Carrie Daggett told the Coloradoan. The city is reviewing the judge's order and will be considering its options, Daggett said.
"The decision of overturning the protective moratorium in Fort Collins against the inherent human and environmental dangers of fracking is yet another display of puppetry enforced by the regulatory scheme," said Shane Davis, aka The Fractivist.
On Monday, Rep. Jared Polis (D-Colo.) pulled two ballot measures from the November ballot that sought to provide far greater local control of Colorado’s fracking industry. The initiatives would have forced fracking wells to be 2,000 feet from schools, hospitals and other community facilities, and established an environmental bill of rights allowing local governments precedence when laws conflict with the state.
Late July, Boulder County District Court Judge D.D. Mallard ruled against Longmont's fracking ban in favor of "state's interest," clearly stating that concerns about health risks to residents don’t quite stack up against Colorado’s stake in the oil and gas industries. Voters approved the ban in 2012, but the Colorado Oil and Gas Association never stopped fighting to overturn it.
You Might Also Like
EcoWatch Daily Newsletter
The federal government is looking into the details from the longest running oil spill in U.S. history, and it's looking far worse than the oil rig owner let on, as The New York Times reported.
By Tara Lohan
When armed militants with a grudge against the federal government seized the Malheur National Wildlife Refuge in rural Oregon back in the winter of 2016, I remember avoiding the news coverage. Part of me wanted to know what was happening, but each report I read — as the occupation stretched from days to weeks and the destruction grew — made me so angry it was hard to keep reading.
A searing heat wave has begun to spread across Europe, with Germany, France and Belgium experiencing extreme temperatures that are set to continue in the coming days.
In the 1980s, a Greenlandic subsistence hunter shot and killed a whale with bizarre features unlike any he had ever seen before. He knew something was unique about it, so he left its abnormally large skull on top of his toolshed where it rested until a visiting professor happened upon it a few years later.