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Statement from COGA President Tisha Schuller - On Finding in Favor of Action to Dismiss Ft Coll Ban

Thursday, August 7, 2014

Statement from COGA President Tisha Schuller - On finding in favor of action to dismiss Fort Collins Fracking Ban


“Today was yet another clear and unequivocal victory for Coloradans and for the strong, robust and vibrant system of oil and gas regulations in our state.

For the second time in thirty days a Colorado district court found that local fracking bans clearly violate state law and upheld COGA's request for summary judgment to dismiss the ban in Fort Collins.

Judge Gregory Lammons went even further than previous court rulings, saying plainly that 'the five year ban (in Fort Collins) substantially impedes the state's significant interest in fostering efficient and equitable oil and gas production...’ and that ‘the Court finds that the City's (Fort Collins') Ordinance ... is impliedly preempted by the Act (state law).’  And unlike the Longmont ruling Judge Lammons did not stay his order pending appeal, choosing instead simply to dismiss the ban outright.

The message is unmistakable.  Colorado's communities through tough state regulations and flexible local authority already have the tools and ability to regulate oil and gas activity to meet their local needs.  Those that want to tear down our system of regulation or up-end the stakeholder process are doing a grave disservice to Colorado's citizens.  COGA's members across the state have proven in over 30 communities already that the framework and processes we have yield favorable results for our citizens and our economy.

Moreover, Judge Lammons' ruling also makes clear that bans on safe, legal and responsible energy processes like hydraulic fracturing are simply illegal and wrong.  Those that continue to promote these bans knowingly inflict on our citizens deceptive and destructive proposals that cost us all.

In July, a separate district court upheld COGA's request for summary judgment to dismiss the fracking ban in Longmont.  This case is separate and apart from the case filed by the state and dismissed today by the Colorado Oil and Gas Conservation Commission.  COGA will continue to work together with communities across the state on creating regulations that meet their needs and respect the rule of law.”


Doug Flanders

Dominic Delpapa

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