Boulder County Commissioner Elise Jones clearly won the debate against Governor Hickenlooper about “Who Should Control Hydraulic Fracturing in Colorado” that took place at CU Denver Law School. The debate was held on April 1st at Denver University’s Sturm College of Law. The complete debate may be heard here.
Commissioner Jones was more persuasive in advocating for local governments to have local control to ban fracking in residential neighborhoods and other places. She also had better command of the facts for why the regulatory environment needs to level the playing field between fossil fuel and renewable energy development.
“Oil and gas fracking poses many risks to our health, to our air and water, to our property values, to our quality of life. Fracking for oil and gas is an intensive process with a heavy footprint. It is not something you want near your home, your kid’s school, your parent’s nursing home or your drinking water,” Jones said.
“Why are we having an argument about drilling in cities near schools and homes? That is a ludicrous place to drill. Allowing local governments to regulate and ban if they want, works better for a renewable energy future.”
Commissioner Jones presented compelling arguments in favor of local control. Take note on the points that follow as these and others can arm Boulder County with legally defensible reasons to extend the moratorium in Boulder County after it expires in June 2013. If we don’t extend the moratorium, the City of Boulder’s land in unincorporated Boulder County will be fracked.
She also referenced a 1994 Colorado Supreme Court ruling where a uranium mining mill in Weld County was not allowed to extract uranium out of the ground because of the radiation that could be emitted and cause harm to the public. The Colorado Department of Health won the suit and the company did not sue for lost resources.
During the debate, House Bill (HB) 1269 Conflict of Interest with the Colorado Oil & Gas Conservation Commission (COGCC) was raised.
The COGCC was developed in 1951 at a time when there was a perceived need to foster oil and gas development. That need no longer exists as the oil and gas industry is now the wealthiest industry in the world and production continues to rapidly expand, despite public outcry against the permanent removal of what will be trillions of gallons of drinking water from the hydrologic cycle if allowed to continue in a draught state, and 9 percent or higher methane leaks that directly contribute to climate change.
Currently the COGCC is mandated to both promote and to regulate oil and gas, a clear conflict of interest. HB 1269 would remove the promotion mandate and allow the COGCC to focus on public and environmental health and safety exclusively. This would be a much wiser use of our taxpayer dollars and would begin to give renewables a fighting chance to compete.
As introduced, the bill also redefines “waste” to allow the commission to not extract hydrocarbons under the Earth when methods and locations would jeopardize human and environmental health; and prevents members of the commission from simultaneous working for and having a financial interest in the industry they are charged with regulating.
HB 13-1269 passed the full House of Representatives, but unfortunately not without amendments, both of which watered down a superior bill.
HB 1269 now moves to the Senate.
Neshama Abraham is the founder of Frack Free Boulder.