'Slap in the Face': Top Court Overrules Local Fracking Bans in Colorado
The Colorado Supreme Court ruled on Monday that state law trumps two cities’ attempts to stem the domestic fracking boom, issuing “a severe slap in the face” to Coloradans and local democracy alike.
The court heard cases from Longmont, where voters banned the oil and gas drilling practice in 2012, and Fort Collins, where voters approved a 5-year moratorium in 2013. The Colorado Oil and Gas Association, an industry trade group that brought the suits against both cities, argued that the fossil fuel-friendly state clearly regulates fracking, and the cities can’t forbid a practice that the state allows.
According to the Denver Post:
“The Oil and Gas Conservation Act and the Commission’s pervasive rules and regulations … convince us that the state’s interest in the efficient and responsible development of oil and gas resources includes a strong interest in the uniform regulation of fracking,” the court wrote in the Longmont ruling.
“The Colorado Supreme Court has now ruled that corporate polluters’ profits outweigh the will of Coloradans who have said ‘no’ to fracking and ‘yes’ to a safe environment for their communities.”
—Michael Brune, Sierra Club
In other words, said Sierra Club executive director Michael Brune, “The Colorado Supreme Court has now ruled that corporate polluters’ profits outweigh the will of Coloradans who have said ‘no’ to fracking and ‘yes’ to a safe environment for their communities.”
Citing a slew of peer-reviewed studies on the impacts of fracking and shale gas development, many of which point to potential health risks, water contamination, and air pollution associated with the practice, environmentalists responded to the ruling with dismay.
“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,” said Kaye Fissinger, president of Our Health, Our Future, Our Longmont. “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.”
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