Judge Overturns Fort Collins, Colorado, Hydraulic Fracturing Ban
For the second time in two weeks, a state judge in Colorado has overturned a city’s attempt to regulate hydraulic fracturing within its borders.
In a decision in the District Court of Larimer County, Judge Gregory Lammons ruled that the city of Fort Collins’ 5-year ban on the use of fracturing and the storage of fracturing waste was pre-empted by the state’s Oil and Gas Conservation Act.
Lammons’ ruling comes in a case brought by the Colorado Oil and Gas Association, following a vote last November in which voters called for the city to impose a 5-year moratorium on hydraulic fracturing and disposal of fracturing waste within the city’s boundaries.
On 24 July, District Judge D.D. Mallard of the Boulder County District Court overturned a hydraulic fracturing ban that the city of Longmont had instituted, ruling that it was pre-empted by the Colorado Oil and Gas Conservation Act, which gives the state primary authority over oil and gas operations.