Foolishness stopped again in CO

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John.A.Hunt
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Joined: Wed Nov 08, 2017 1:42 pm

Foolishness stopped again in CO

Post by John.A.Hunt »

Some environmental group shamelessly exploited school kids to front their anti-drilling/anti-fracking campaign. These pressure groups have a lot of naïve followers and seem to be ramping up their lawfare against conventional energy. For now, Colorado dodged another bullet.
From the AAPL Landnews:

"On January 14, the Colorado Supreme Court finally issued its opinion in Martinez v. Colo. Oil & Gas Conservation Cmm'n (Case No. 2019 CO 3). AAPL has been reporting on this case throughout 2018, and we are pleased to deliver this favorable opinion. The court held that the Colorado Oil and Gas Conservation Commission (COGCC) properly declined to engage in a rulemaking proposed by a group of environmentalist-supported teenagers which, "among other things, would have precluded the Commission from issuing any permits for the drilling of an oil and gas well 'unless the best available science demonstrates, and an independent, third-party organization confirms, that drilling can occur in a manner that does not cumulatively, with other actions, impair Colorado's atmosphere, water, wildlife, and land resources, does not adversely impact human health, and does not contribute to climate change.'" The case specifically targeted hydraulic fracturing which the litigants claimed adversely impacts human health. According to the holding, pertinent statutory provisions do not allow the COGCC "to condition all new oil and gas development on a finding of no cumulative adverse impacts to public health and the environment. Rather, the provisions make clear that the Commission is required (1) to foster the development of oil and gas resources, protecting and enforcing the rights of owners and producers, and (2) in doing so, to prevent and mitigate significant adverse environmental impacts to the extent necessary to protect public health, safety, and welfare, but only after taking into consideration cost-effectiveness and technical feasibility." This ruling overturns a 2018 decision by the Colorado Court of Appeals which found in favor of the teen litigants. "Today's outcome is positive for all Coloradans," said Tracee Bentley, Executive Director of the Colorado Petroleum Council. "The court was right to deny a single out-of-state interest group-one that advocates for ending all energy development across the country-the ability to rewrite our state's laws."
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