John Tomasic – first published on The Colorado Independent December 23, 2013
BOULDER — Supporters of local bans on the oil-and-gas drilling process known as fracking celebrated a key legal victory in Pennsylvania last week, where the state supreme court ruled unconstitutional a law that sought to override local zoning initiatives in the state.
Colorado, like Pennsylvania — and states like California, New York and Ohio — is the site of a tug of war between state and local communities over drilling regulations. In the last two years, five Colorado towns on the heavily drilled northern Front Range have passed bans on fracking, drawing lawsuits from the Colorado Oil and Gas Association lobby group that have been either officially or tacitly supported by the state. The Association’s suit against the city of Longmont is scheduled to be heard this summer.
The news from Pennsylvania spread quickly over social networks in Colorado.
If the Colorado Oil and Gas Association cannot be persuaded to drop the lawsuits that seek to undo the results of fair elections, then we hope and expect Colorado courts to similarly recognize the rights of voters and respect the principle of local control,” said Our Broomfield, an anti-fracking group that passed a ban in that city in November.
“In Colorado, cities and towns should have the right to use zoning laws to protect the public from the toxic industrial process of drilling and fracking,” said Clean Water Action spokesman Gary Wockner. “We are optimistic that Colorado will follow Pennsylvania in allowing local control for local governments.”
Fracking, or hydraulic fracturing, is a method of extraction where millions of gallons of water are mixed with chemicals and sand and blasted through drill holes deep into the earth to break up rock formations and loosen gas. Although the oil and gas industry has conducted fracking operations for 60 years, new horizontal methods have greatly increased the effectiveness of the process and have spurred a major drilling boom gas fields around the country.
Thousands of wells now dot the Wattenberg field in north-eastern Colorado. Bloomberg News reports oil-and-gas production has hit half-century record highs in Colorado. Trucks move equipment and frack fluid across great agricultural stretches north of Denver day and night but also increasingly through the region’s cities, towns and subdivisions, setting up drill pads in backyards and next to schools and apartment complexes. Site drilling goes on for months at a time, nonstop, filling neighborhoods with lights and noise twenty four hours a day. Residents have grown increasingly concerned over possible threats posed to health, safety and the environment and they have watched the value of their homes drop.
In Colorado, bans on fracking have so far passed in Boulder, Broomfield, Fort Collins and Lafayette in addition to the first ban passed in Longmont. The Colorado initiatives join a movement across the U.S., where more than 380 local bans have passed according to Food and Water Watch. Governor John Hickenlooper has opposed the bans. He says he’s sympathetic to residents but that it is the state’s responsibility to regulate the oil and gas industry, which he believes would be hobbled if drillers had to navigate a patchwork of varied local rules and regulations.
The ruling in Pennsylvania comes as the Ohio Supreme Court weighs a similar case. Two courts in New York have decided in favor of local regulations on drilling and the New York Supreme Court may soon take up the question.