Colorado Supreme Court will hear cases on local fracturing bans

Dec. 1, 2015
The Colorado Supreme Court agreed to hear lawsuits over Longmont's ban on hydraulic fracturing and a 5-year-moratorium on fracturing in Fort Collins, Colo.

The Colorado Supreme Court agreed to hear lawsuits over Longmont's ban on hydraulic fracturing and a 5-year-moratorium on fracturing in Fort Collins, Colo.

The path to the high court stemmed from the Colorado Court of Appeals, which stepped aside from ruling on the cases..

Lower courts overturned municipal fracturing restrictions after the Colorado Oil and Gas Association filed a lawsuit, saying such regulation was up to the state.

Longmont voters approved a fracturing ban in 2012 and Fort Collins imposed a moratorium in 2013, prompting lawsuits.

The cities of Longmont and Fort Collins then asked the Court of Appeals to restore the fracturing bans.

The Colorado Oil and Gas Association said the appeals court action means, "The illegality of bans and moratorium on hydraulic fracturing can be confirmed once and for all in Colorado."

Groups opposed to fracturing filed initiatives for the November 2014 ballot, but the measures were withdrawn after Gov. John Hickenlooper agreed to appoint a task force.

The task force has proposed giving local governments a consulting role but not the authorization to set their own fracturing rules.

On Aug. 17, Coloradans for Community Rights launched efforts toward another ballot measure that would enable local governments to regulate oil and gas drilling.

The group awaited state approval of the language before gathering petition signatures.