The Boulder District Court today ruled that the City of Longmont may not ban hydraulic fracturing and the storage and disposal of hydraulic fracturing waste. In ruling in favor of the Colorado Oil and Gas Conservation Commission, Judge Mallard found that the ban is invalid but said that the ban can remain in place while the city considers an appeal.
In the ruling, Judge Mallard said Longmont’s charter amendment clearly conflicted with the state’s regulations and its interest in the efficient development of oil and gas deposits.
In reaction to today’s ruling, Attorney General John Suthers said ““The law regarding preemption of local oil and gas regulation by the Colorado Oil and Gas Conservation Act is clear and the court got it right. Under the current law, local governments can’t ban fracking.”
Kaye Fissinger with Our Longmont, one of the groups behind the voter approved fracking ban said she was disappointed but not surprised by today’s ruling. She says they will be filing an appeal.(