Colorado Politics

Activist message to Oil and Gas commission: Stop the Martinez appeal

Stop the Martinez appeal. That was the message from more than 60 people who crowded the Colorado Oil and Gas Conservation Commission meeting. It was standing room only at the Chancery Building in Denver Monday with several spilling out into the hallway as they waited to voice health and safety concerns.

One protester even gave the commission a stocking of coal, shaming them for their appeal of the Martinez court decision.

The Martinez case stems from a request by activists in 2013 that the commission “take immediate and extraordinary action” to adopt a rule halting all oil and gas production until an outside party could determine the activity would not “impair Colorado’s atmosphere, water, wildlife, and land resources, does not adversely impact human health, and does not contribute to climate change.”

The commission rejected the request, so the group sued. A Denver District Court judge decided the commission’s governing statute required it to strike a balance “between the development of oil and gas resources and protecting public health, the environment, and wildlife.”

A Court of Appeals ruling reversed the decision, holding that the commission was not required to achieve a “balancing act” but to prioritize public health and the environment. Attorney General Cynthia Coffman asked the Colorado Supreme Court to reconsider the lower-court ruling, a move that doesn’t sit well with those who say oil and gas companies are threatening their health and safety by drilling too close to homes and schools.

Sen. Matt Jones, D-Louisville, and Rep. Mike Foote, D-East Boulder County, were also at the meeting, urging the commission to put public protection ahead of profits.

“Just yesterday, I came across an ad funded by the oil and gas industry,” Foote told the commission. “It shows this beautiful Colorado landscape and claims it only engages in safe energy production. Of course, nothing was mentioned about the Firestone tragedy or the 12 fires and explosions that have occurred, many of them causing serious injuries and fatalities,” he said, referring to an April 17 explosion that collapsed a house in Firestone, killing two men inside and injuring a woman and child.

“If you were to look at that (advertisement), you would have no idea any of that happened,” Foote said. “To them, it seems it’s just business as usual …. Unfortunately, it looks like business as usual is taking place here as well,” pointing out that the commission’s agenda shows several “forced pooling applications to be approved, spacing applications to be discussed, and plans to drill in the middle of neighborhoods advanced.”

One of those operators seeking permit approval is Crestone Peak Resources, which drew criticism from both Foote and Jones.

“They broke your rules, they knew it, and they’re OK with it,” Jones said. “This kind of behavior is not OK. Crestone is now appealing your violation notice …. They’re incompetent. They shouldn’t get any permits.”

Jones has already crafted a bill for the 2018 legislative session that would give local governments control over the permitting process for oil and gas companies.

“I don’t know how many times in the legislature people have told me, ‘Don’t worry, Matt, the oil and gas commission has plenty of authority to do this.’ Use it,” Jones said. “These things don’t belong in neighborhoods.”

Industry advocates say the push-back on the Martinez appeal portrays a false narrative that paints Colorado’s oil and gas industry as reckless, which is “ill-informed and dangerous.”

“Colorado has the most technologically advanced, strictly regulated, and well-controlled oil and natural gas operations of anywhere in the nation,” said Dan Haley, president and CEO of Colorado Oil and Gas Association, in an interview with Colorado Politics. “In the past six years, Colorado’s oil and gas industry has been through 12 rule-makings, many to improve environmental and safety practices.”

Randee Webb, Aurora resident and member of a group called “What the Frack?! Arapahoe” added to the chorus of those pressuring the commission to stop approving permits in certain locations.

“In Aurora, Bison Oil wants to drill between an existing neighborhood and schools of Adonia and a trailer park,” she said. “Also, ConocoPhillips has requested approval … for a permit for Eastern Hills. This area is not zoned for heavy industrial activity. As a government agency, you are in the business of protecting people first.”

Webb also asked to see a list of companies that do not get approved to drill. Micah Parkin, executive director of 350 Colorado and Boulder County resident, says that list doesn’t likely exist. Parkin also says the commission itself should be dissolved.

“It’s absolutely preposterous that we should have a state agency that’s tasked with (a mission) to promote and foster the oil and gas industry while looking after public health and safety,” Parkin said. Sadly, they appear to be doing the fostering quite well …”

COGA CEO Haley said the commission and the Colorado Department of Public Health and Environment regulate the industry to protect the environment, workforce and communities. “I assure you they hold our industry to standards that are incredibly high.”

The rules leave no room for shortcuts, according to Haley, whether it’s through annual health assessment reports or the industry’s compliance with the state’s requirement for flowline testing.

Data from the National Bureau of Labor Statistic “confirms that the oil and gas sector has a solid safety record, and I know our member companies are fully committed to ongoing efforts to improve safety practices” he said.

An audio recording of the meeting is available on the COGCC website.

 

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