Alex Mills
By Alex Mills
Colorado is waking up to the realities of sensible development of its natural resources even though the anti-fossil fuel crowd continues its anti-development rhetoric.
A Colorado district court judge ruled recently that the city of Longmont cannot ban hydraulic fracturing because the ban directly conflicts with the state’s authority to regulate the oil and gas industry.
“The Court finds Article XVI of the Longmont Municipal Charter, which bans hydraulic fracturing and the storage and disposal of hydraulic fracturing waste in the City of Longmont, is invalid as preempted by the Colorado Oil and Gas Conservation Act,” said Judge D.D. Mallard.
The ruling goes on to say that “Longmont’s ban on hydraulic fracturing prevents the efficient development and production of oil and gas resources.”
Additionally, Colorado Governor John Hickenlooper, a Democrat, has been working hard to stop another effort to get a statewide vote to ban hydraulic fracturing.
The leader of the initiative, U.S. Representative Jared Polis (D), and Hickenlooper announced last week that Polis will drop his support for two ballot initiatives that would limit hydraulic fracturing and in return Hickenlooper will establish a commission to advise the legislature about drilling complaints.
However, anti-development groups have not said if they will honor the negotiated settlement. They want to push forward with the initiative.
The politics of this issue has been raised to an extremely high level.
In Colorado, the anti-development crowd has been very aggressive in pushing its movement to ban hydraulic fracturing. Today, about 90 percent of the wells drilled are fractured. Without the ability to fracture, drilling and production would decline dramatically. And so would the state’s economy and tax base.
Hickenlooper and Senator Mark Udall, both Democrats, are facing strong opponents in the November general elections. Udall’s opponent, Cory Gardner, is pushing against the ban. He said that Colorado has stringent regulations and he favors a “diverse energy portfolio.”
In Texas, the city of Denton held a city council meeting regarding a petition to ban hydraulic fracturing in July.
During the hearing, a former Texas Supreme Court Justice explained Texas mineral laws and the problems the city would encounter if they approved the ban. Texas Land Commissioner Jerry Patterson notified the city council that it could be sued by the state of Texas. State Senator Craig Estes, who represents Denton, also advised the city council against endorsing the ban.
However, the citizens of Denton are slated to vote on the ban on Nov. 4.
Alex Mills is President of the Texas Alliance of Energy Producers. The opinions expressed are solely of the author.
It’s interesting to think that people in a cold place like Colorado would want to ban fracking with winter around the corner. As for me I plan to turn the thermostat up to 80 degrees or more when I get in from work this winter, so I hope that ol gas keeps coming down the pipe.