Another setback for fear-and-doubt merchants with this legal victory for shale gas development, as Somewhat Reasonable reports. Lack of evidence perhaps?
On Monday, May 2 the Colorado Supreme Court ruled on what the New York Times (NYT) called: “a lengthy battle for energy production.” The court’s unanimous decision to strike down two cities’ limits on fracking is a victory for oil-and-gas companies and a “disappointment” to anti-fossil-fuel activists.
Several states, including Colorado’s neighbors, New Mexico and Texas, have faced similar anti-oil-and-gas initiatives that have also been shot down.
The Colorado Supreme Court reached the same conclusion as the lower court: the fracking bans put in place by Fort Collins and Longmont are “invalid and unenforceable” because state law trumps the local ordinances. A report from Colorado Public Radio states: “The ruling will have an impact on other Front Range communities—including Broomfield, Lafayette, and Boulder—that have approved restrictions on fracking. The court clearly said that these efforts are illegal.”
The consequences of the decision are “comparatively small,” according to NYT, as the land now opened up for exploration represents only a fraction of Colorado’s oil-and-gas development. “More significant, said experts on both sides of the conflict, is that the rulings shut down future efforts to stop fracking in local jurisdictions.”
Colorado Attorney General Cynthia Coffman said that she fears the ruling will not end the divisive debate. “Instead some activists will continue to push anti-development initiatives undermining the state’s record of local cooperation on these policy issues.”
The NYT points out: “Spurred by the rise of hydraulic fracturing, Colorado has become one of the nation’s largest producers of oil and gas. The state has more than 50,000 active oil and gas wells.”
According to a press release, the Colorado Petroleum Council “welcomed the decisions for upholding the state’s primacy in overseeing oil and natural gas permitting and curtailing ‘arbitrary bans’ on fracking that could cost local jobs, deprive state and local governments of tax revenue and limit access to energy resources.”
Upon hearing the news, I tweeted: “Great news! Colorado Supreme Court Strikes Down Local Fracking Bans.” Almost immediately, @AllNewSux responded: “@energyrabbit Hooray…now we can all drink poisoned water here in Colorado!” What is @AllNewSux thinking? He is regurgitating outdated propaganda as study after study—though funders are disappointed with the results—determine, as did the three-year study by the University of Cincinnati released in February: “hydraulic fracturing of oil and gas wells … does not contaminate ground water.”