Reaction to the “preliminary, final” vote on setbacks between occupied buildings and oil and gas drilling sites shows that almost nobody — whether those who pushed for a longer setback or those who wanted it shorter — is  happy.

The Colorado Oil and Gas Conservation Commission on Monday voted to approve a 2,000-foot setback for drilling and fracking operations, after weeks of testimony from environmental groups, industry representatives and local governments, both those in favor of the longer setback and those who want local governments to have the final say.

A formal, final vote on the setbacks, part of the COGCC’s work to implement Senate Bill 19-181, is expected by Nov. 1.

SB181 rewrote the state’s position on the oil and gas industry, revamping the COGCC from a body that was supposed to foster oil and gas development to one that regulates oil and gas in a manner that protects public health, safety, welfare, wildlife and the environment.

The most controversial of the rules to date have been about the setback requirement, which requires 2,000 feet between an platform and occupied buildings, including homes and schools.

Among those who testified during the last four weeks of hearings: Erin Martinez, whose husband and brother died in the explosion of their Firestone home in 2017. That explosion was caused by methane gas that leaked into the Martinez’s basement from an improperly abandoned flowline owned by Kerr-McGee, a subsidiary of Occidental Petroleum. Last April, the COGCC approved $18 million in fines for the accident.

Through a spokeswoman, Martinez told Colorado Politics that she is “encouraged by the commitment to the 2,000-foot residential setback to ensure public safety. The COGCC should be commended for their thoughtful work in moving to a more balanced future for the oil and gas industry and the health and safety for the people in Colorado. If there had been a 2,000-foot setback, my husband Mark and brother Joey would still be with us. I look forward to continuing to work together to make safety our top priority and honoring the lives of my husband and brother.”

In 2018, voters rejected Proposition 112, which would have put the setback distance at 2,500 feet. That didn’t stop environmental groups from continuing to press the issue during the past month.

Colorado Rising’s Joe Salazar, the main proponent of 112, said Monday that “based on the language all the parties received just moments ago, we are extremely disappointed that the COGCC failed to listen to outdoor industry and environmental groups, including ours, that requested a removal of language allowing the COGCC to reduce setback limits to 500 feet. Frankly, the COGCC has a sordid history of finding ways to accommodate the industry, which is the one of the main reasons why Colorado is in the mess we are in with respect to oil and gas development.

“We also warned the COGCC not to include variance language in its rules. SB 19-181 is abundantly clear that the Commission is to prioritize the public health, safety, welfare, environment, and wildlife resources above oil and gas development. The whole premise of rulemaking is to establish a state floor that protects Coloradans and our environment first. Now, the COGCC wants to dig a basement below its own floor in favor of oil and gas operators through variances. Literally, Colorado courts have noted that variances are basically a license to break the law. SB 19-181 does not give the COGCC the authority to give the industry a license to break the law when protections are set in place. Do not be surprised if the COGCC is receives a legal challenge to its variance language.”

The oil and gas industry wasn’t happy with Monday’s vote, either.

Lynn Granger, executive director of American Petroleum Institute/Colorado told Colorado Politics in a statement that “while we appreciate some changes made as this rulemaking has progressed, we continue to have broad and grave concerns regarding a number of the rules tentatively advanced today. The rules proposed would set a troublesome precedent, giving untethered discretion to the Director and the Commission regarding when a permit will be approved or rejected. This leaves little room for certainty, as it would allow for the rules to be interpreted subjectively. In addition to this concern, we believe the rules lack clarity and consistency under the Administrative Procedure Act, and believe specific provisions, including those concerning standing, fail to comply with the Act.

“We also maintain that there is no scientific basis upon which to effectively quadruple the state’s existing setback regulations, and fear that its implementation will yield an array of unintended consequences. In their deliberations, Commissioners failed to account for the multitude of other regulations being considered, both at the COGCC and the Air Quality Control Commission, that help bolster protections beyond those allegedly implied by setbacks. Just last week, the AQCC passed regulations targeted at reducing emissions specific to the natural gas and oil industry. Those rules will address the primary concerns of last year’s study by the Colorado Department of Public Health and Environment, an analysis that serves as the anchor of many of the duplicative or arbitrary rules under consideration at the COGCC…As an industry, we will continue to prioritize public health, safety, welfare, the environment and wildlife. Nothing in the ongoing regulatory sea change will change that commitment. We will continue to participate in the upcoming rulemakings with those priorities above all else and are confident that other parties will do the same. Data, science and facts must be the primary drivers in any future changes we may see.”

The Colorado Cattlemen’s Association also reacted to the vote. “The professionals at the Oil and Gas Conservation Commission not only overlooked the interests of the landowners and royalty owners, but rushed to close the docket which ensures our concerns will go unaddressed,” said Terry Fankhauser, executive vice president for CCA. “The Colorado Cattlemen’s Association, on behalf of landowners throughout Colorado, calls on Governor Polis to right this wrong and allow for due process and just consideration of our property rights and rural vitality.”

Jason Moore, counsel to the Small Operator’s Society, which represents 55 small oil and gas companies with about 10,000 wells, had this to say: “This is a make it up as you go approach. The Commission has not established an administrative record addressing much less supporting a rational for and consequences of a 2000 foot setback.”