STATEMENT FROM TISHA SCHULLER, PRESIDENT & CEO, COLORADO OIL & GAS ASSOCIATION ON COURTS DECISION THAT LAFAYETTE FRACKING BAN IS ILLEGAL AND VIOLATES STATE LAW
“For the third time in a month, a Colorado district judge has ruled that a local ban on fracking clearly violates state law. Today’s ruling was unequivocal, with Judge D.D. Mallard saying the operational conflict between the state’s robust framework of regulations and local bans is “obvious and patent on its face.” I couldn’t agree more, and I hope her ruling ends the activist effort to pass illegal bans against energy development. The Court clearly stated that “Lafayette does not have the authority, in a matter of mixed state and local concern, to negate the authority of the State. It does not have the authority to prohibit what the state authorizes and permits.”
There is an important role for local governments in oil and gas regulation, and over 30 communities across the state have crafted unique solutions that address their concerns in keeping with state law. The bans have been unnecessary, divisive and costly for taxpayers. Now that all three legal cases have been decided, we look forward to putting the ban debate behind us and focusing on meaningful solutions with our communities.
Earlier this month, Judge Gregory Lammons upheld COGA's request for summary judgment to dismiss a five-year ban in Fort Collins. In July, Judge Mallard also upheld COGA's request for summary judgment to dismiss a fracking ban in Longmont.”
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