City of Longmont v. Colorado Oil and Gas Association

369 P.3d 573 (2016)

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City of Longmont v. Colorado Oil and Gas Association

Colorado Supreme Court
369 P.3d 573 (2016)

  • Written by Robert Cane, JD

Facts

The Colorado Oil and Gas Conservation Act (OGCA) declared the state’s interest in promoting the maximum efficient rate of production, the prevention of waste of natural resources, and the protection of the correlative rights of common owners. The OGCA provided the Colorado Oil and Gas Conservation Commission (the commission) with the authority to make and enforce rules and regulations related to the establishment and operations of oil and gas wells. With this authority, the commission promulgated comprehensive rules and regulations to prevent the waste of oil and gas during the hydraulic fracturing (fracking) process. The City of Longmont (defendant) instituted a fracking ban, which limited fracking to outside city limits, with the adoption of Article XVI into its home-rule charter. As a home-rule city, Longmont had its own local land-use regulations. The Colorado Oil and Gas Association (the association) (plaintiff) sued Longmont. The association sought a declaratory judgment invalidating Article XVI and a permanent injunction against its enforcement. The lower court found in favor of the association. Longmont appealed to the Colorado Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Gabriel, J.)

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