Colorado Supreme Court Announces Decision in Fort Collins Hydraulic Fracturing Moratorium Case
Released by Emily Wilmsen, fcgov.com
Following is a statement, released on May 2, 2016, from Fort Collins, Colorado, City Attorney Carrie Daggett:
“It is premature to comment until we have had a chance to review the Supreme Court’s decision carefully and fully evaluate how it affects the City. These issues are complex, and we’ll thoroughly examine the decisions relative to Fort Collins and Longmont. However, it is clear that the Supreme Court has found that the Fort Collins moratorium on hydraulic fracturing is in operational conflict with Colorado law and is therefore preempted.”
Read the decision at www.fcgov.com/oilandgas.
The Colorado Supreme Court Decision reads:
No. 15SC668, City of Fort Collins v. Colo. Oil and Gas Ass’n—Moratoria— Preemption.
The supreme court concludes that Fort Collins’s five-year moratorium on
fracking and the storage of fracking waste within the city is a matter of mixed state and
local concern and, therefore, is subject to preemption by state law. Applying
well-established preemption principles, the court further concludes that Fort Collins’s
moratorium operationally conflicts with the effectuation of state law. Accordingly, the
court holds that the moratorium is preempted by state law and is, therefore, invalid and
unenforceable. The court thus affirms the district court’s order invalidating the
moratorium and remands this case for further proceedings consistent with this opinion.