State high court ruling sure to intensify battles over fracking at the Capitol
Colorado lawmakers this year battled fiercely over oil and gas bills, and there will be many more battles in future legislative sessions, lawmakers said Tuesday, given the state supreme court decision on Monday that overturned a ban on hydraulic fracturing in Longmont and a five-year moratorium in Fort Collins put in place by local governments supported by residents.
“I will personally be bringing back all my oil and gas bills from this year. That’s a promise,” said Rep. Joe Salazar, a Democrat from Thornton in the Front Range gas patch who pushed several flash-point bills to bolster local power to regulate drilling — proposals that made headlines and kicked up opposition among the state’s powerful oil and gas lobby.
One of Salazar’s bills, House Bill 1310, aimed to switch the burden of proof to drilling companies in lawsuits over property damages in neighborhoods where drilling companies are operating.
Salazar agreed with most observers that the Colorado high court’s unanimous ruling reaffirming state supremacy in regulating drilling operations wasn’t surprising, but he said the decision would only serve to push the fight from local jurisdictions to the statewide voter ballot and to the Legislature.
“I think as a Legislature, we have had enough opportunity to alleviate the concerns of (residents ) and so far we have failed,” said Salazar, putting the blame on the Republican-controlled state Senate.
“Senate Republicans can’t get it through their thick heads that we need to work together to alleviate concerns of communities across the state,” he said.
Colorado local control and environmental groups have filed a series of ballot initiatives this year seeking to rein in the power of drillers to operate in urban and suburban settings.
Rep. Cole Wist, R-Centennial, has been a leading voice for Republicans at the Capitol in opposition to any new restrictions on oil and gas operations. He called Monday’s ruling a win for common sense.
“I don’t know that these local governments want to regulate the oil and gas industry. I think they want to kill it,” Wist said. “You’re dealing with in one case a five-year moratorium and the other a ban. Those are extreme measures.
“I think that the industry has tried very, very hard to work together with local governments to find a solution that balances all the interests and addressed local concerns,” he continued. “I think we’ve always looked at the need to balance protecting the environment with the desire for economic development and jobs and I hope we’ll continue to advocate for a process that strikes that balance. There are many different views on these issues but the process that will work best brings the most voices to the table.”
“Those advocating for bans I wouldn’t consider wanting a place at the table,” Wist said. “They’re seeking to kill the industry and I think we need to call it what it is.”
Gov. John Hickenlooper, who has long drawn heat on the left for being a reliable champion of state regulatory power, issued a statement saying he agreed with the ruling. He cited the work of a task force he created in 2014 to address growing tensions around drilling and fracking.
“The work of the task force amplified the role of local governments in siting large oil and gas facilities and built a stronger connection between state and local regulators,” he said. “Communities are working more productively with operators, crafting solutions that take into account local concerns while respecting property rights. These steps come on top of several major rulemakings since 2011 that reduce the impacts of oil and gas development on surrounding areas.
“We believe collaboration is better than litigation and careful regulation is better than legislation to strike balance,” Hickenlooper said. “We’ll continue to work creatively and energetically with communities and industry to ensure our world-class environment is protected while remaining a place that is welcoming to business and jobs.”
Rep. Mike Foote, a Democrat who represents Lafayette, another of the gas patch towns that has sought greater zoning control over oil and gas operations, said the idea that communities want to kill the oil and gas industry is a “red herring.” He pointed out that Longmont, before enacting its ban on fracking, attempted to pass local regulations. But those attempts drew a lawsuit from the state’s Oil and Gas Commission and the energy industry. Frustrated citizens felt backed into a corner. He said Monday’s ruling recognized that frustration.
“While on the one hand, the decision was disappointing because voters of Longmont and Fort Collins wanted the ban to be enacted. On the other hand, it was good to see the supreme court recognize the ability of local governments to put in protections,” Foote said. “We’re required to solve this then on a statewide level and there are only two ways to do it: through statewide ballot measures or legislative action.
“I think because problems still exist there will be solutions proposed, as there should be,” he said.
Indeed, Boulder County is not ready to see the local controls passed by residents in recent years suddenly drained of power.
“The ruling certainly did not suggest local governments have no authority. They clearly do and the court recognized that,” said Boulder County Commissioner Elise Jones. “The question is about the balance of that authority. Cities and counties feel very strongly about the responsibility to protect the health and wellbeing of their citizens.
“I wish my crystal ball was clear on (what the next steps will be),” she added. “A lot of people have been waiting for this ruling to understand the lay of the land. It’s likely to add fuel to the fire of cities concerned about this.”
— Ramsey@coloradostatesman.com
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