Colorado Oil and Gas Conservation Commission v. Martinez

Youth environmental activists including Xiuhtezcatl Martinez (collectively, the activists) (plaintiffs) petitioned the Colorado Oil and Gas Conservation Commission (the commission) (defendant) to promulgate a rule providing that the commission could not issue permits for the drilling of oil and gas wells unless the best available science indicated that the drilling (1) would not, when considered cumulatively with other actions, impair Colorado’s atmosphere, water, wildlife, and land resources; (2) would not negatively impact human health; and (3) would not contribute to climate change. The commission declined to engage in rulemaking to consider the proposed rule. The commission asserted that it was statutorily mandated under the Colorado Oil and Gas Conservation Act to balance oil-and-gas development with the protection of health and the environment and that adopting the proposed rule would require the commission to adjust the statutory balance. The commission further argued that conditioning new oil-and-gas drilling on a finding of no cumulative adverse impacts, as required by the proposed rule, would go beyond the commission’s statutory authority. Additionally, the commission claimed that it was working with the Colorado Department of Public Health and Environment (CDPHE) to address concerns raised by the proposed rule and that other commission business took priority over the proposed rulemaking. The activists challenged the commission’s decision in state district court. The district court upheld the decision, but the appellate court reversed. The commission petitioned the Colorado Supreme Court for review.