Tag Archive for Longmont oil and gas regulations

When is a “Democrat” not a Democrat?

Ah, for the “good old days.”  It’s a lament that’s heard a lot these days — from a lot of quarters and for a lot of reasons. Some pine for their youth and vigor. An “empty nester” might long for the days when the kids were little. Some might wish for a full head of hair.

But more often than not, those words are spoken in a political context. Conservative Republicans long for their hero, Ronald Reagan. Progressives have to go all the way back to Carter or Johnson, and especially to Franklin D. Roosevelt.

Up and down the political “food chain” there are not many “real Democrats” left. (Yes, I know, very punny.) It’s especially true as you go further up that chain. The genuine Democrats were replaced by others heralding from the Democratic Leadership Council or eliminated by the painstaking work of Newt Gingrich to poison the public’s perception of Congress so that it would be ripe for a takeover by his clones.

OK, I can see conservatives and corporatists “visitors” uttering “yeah” with two thumbs up. The “flat earthers” and the “birthers” and the “Bible thumpers” may not join in the cheers. But, hey, they are mostly just along for the ride (or the votes), while the money changers are forming “one world under the dollar with liberty and “justice” only for them.”

In reality, there is no more Democratic Party. Oh, yes, they still use that name. We have only ONE political party in charge of our government; but it has two branches. I like to call them the Republican Corporate Party and the Republican Lunatic Fringe Party.

Which leads me to the point of this article — President Barack Obama and his junior wannabe president Governor John Hickenlooper. The “we have every right to spy on Americans” president and the “fracking fluid drinker” governor are two cases in point.

worried ObamaWhile spending some time exploring the many articles that find their way into my Inbox, I found one especially astute and honest, brought to me courtesy of OpEdNews. “Dear Obamaheads” by John and Jean Anton is worth reading in it’s entirety. Please do. But here’s the part that I’ll borrow for this article. (Some of my good Democratic friends may not like this.  But there’s an elephant that some don’t want to see.)

[Obama] should consider how much easier life would be for him, if he were a Republican.   He wouldn’t have to make any more promises that he had no intention of keeping.   He could build even more nuclear plants, extend even more gas lines, and subsidize fracking everywhere without worrying about environmentalists.   Whistle-blowers could still be arrested as traitors, tortured, and imprisoned indefinitely “for their own good” without guilt….

Best of all, in the name of national security, he could join Republicans in ignoring all the amendments to the constitution except two: the one that says corporations are people, and the one that says yes, even four-year-olds have the right to carry weapons of mass destruction to school, to libraries, to lavatories.

He could lie like a Republican.   He could bully like a Republican.

He could steal from the poor and the middle class to give to the rich like a Republican.   He could continue to wage war everywhere in the world with only a nod of his head, without congressional approval, without the support of the American people whose blood he could spill and treasure he could spend because —  he wants to.

In other words, instead of being a fake Democrat, he could be a real Republican.

 What is it that broadcasters like to say?  “And now we return you to your local programming.”  Moving on to Colorado…

Frackenlooper appears to be digging his own political grave.

Frackenlooper appears to be digging his own political grave.

Yes, I really need to say more about our beloved Frankenlooper.  We wouldn’t want him to feel slighted.  After all, he may be the “chosen one” to replace Obama in 2016.  The Democratic Governors Association loves him and is doing everything in its power to elevate Hick’s profile (with a little help for oil and gas $$$).  And he’s a safer bet than New York’s guv, Andrew Cuomo — at least when it comes to oil and gas.

Although not everyone has faced the true political identity of Barack Obama, there IS a growing body of awareness where Frackenlooper is concerned.  He knows how to get down to business, Big Business, Big Oil Business.  Whether overt or covert, he gets the job done for them.

BUT!  He overplayed his hand when he sued the City of Longmont.  No one bought his “sleepless nights” or his “last resort” rhetoric.  Well, maybe not “no one.”  But it certainly was a media and public wake-up call. Even then, Hick was more politically tone-deaf than what might be expected of a calculating pol.  He went for the knock-out punch and instead got knocked out himself when he strutted his stuff and said that he’d sue the pants off anymore communities that dared to ban fracking for oil and gas.

Oops!!  That’s when his handlers stepped in.  And if he didn’t figure it out all by his lonesome, they said, “Hey, Hick!  You can’t keep doin’ this.  When you find yourself in a hole, stop diggin’.  Let COGA [Colorado Oil and Gas Association] and the industry folks do it for you.”

It wasn’t long ago that Hickenlooper was sporting a 54% approval rating. However, the recent Quinnipaic poll has him now at 47%. That’s frightening for an incumbent, even if it’s spun otherwise.  Quinnipaic coupled this survey with Hickenlooper’s decision on the Dunlap death penalty matter. But they were too narrow in their research into causation. Many of those up in arms about Hickenlooper’s decision for a temporary reprieve won’t vote for the governor for any number of other reasons.

Hick is losing support from “his base,” the Democratic voter that is furious with him for his position on oil and gas legislation.

No-fracking-logoSo here’s the message to our Colorado governor: If you want to get re-elected in 2014 and have that shot at the coveted whole enchilada, get on the right side of history. Let local governments determine whether or not they want oil and gas drilling and specifically hydraulic fracturing for the stuff in their communities. Don’t con us. No weasel words. No lies.

If you do this, most will come back to you next November in stead of staying home or even voting Republican because they just can’t pull the lever for you. The big oil and gas bucks into your campaign account are not going to save your political hide. In fact, they will help do you in. “You can run but you can’t hide.” has all kinds of meanings this time around. Your Republican opponent may not bring that up, but be sure that others will.

So spend some of those sleepless nights that you really didn’t spend before you sued Longmont thinking about YOUR future. The rest of us are going to do all we can to preserve ours. And that might not include YOU.

Hickenlooper / COGCC overreach in lawsuit

Longmont’s rules are legal and make good common sense.

The state legislative session has ended, with oil and gas drilling impacts on our communities still largely unaddressed — in no small part due to the active resistance of Gov. John Hickenlooper’s administration. Even more concerning, the Governor continues to actively undermine the efforts of local governments to respond to the growing citizen outcry against fracking and other industrial activities in their neighborhood
Former Longmont City Manager, Gordon Pedrow

Former Longmont City Manager, Gordon Pedrow

For example, last year the governor sued the city of Longmont, where I was city manager for 19 years, for adopting local oil and gas rules to protect its citizens. While I appreciate Gov. Hickenlooper’s characterization of the lawsuit as “a last resort,” I want to explain why Longmont’s rules are legal and make good common sense.

Longmont didn’t take the task of adopting new oil and gas rules lightly. The City Council acted because state rules under the Colorado Oil and Gas Conservation Commission (COGCC) were insufficient to protect our community. The council carefully crafted an ordinance that would safeguard the health and welfare of Longmont citizens and promote industry accountability and responsibility. Working with its most active oil and gas company, the city negotiated an operator agreement that went beyond COGCC requirements. Notably, while the governor sued Longmont for its new rules, the local oil and gas operator did not.

The new regulations prevent oil and gas development within residential neighborhoods, and require drilling to be a reasonable distance from occupied structures to better protect residents from noxious fumes, chemical spills, and dangerous and noisy truck traffic. Separating industrial uses from homes, schools, and nursing homes is part of the fundamental zoning role that local governments play.

When Longmont passed its rules, COGCC regulations allowed new oil and gas wells to be as close as 350 feet from homes in high-occupancy residential areas and 150 feet from homes in rural areas. Those “setbacks” applied whether there was one well or 22 planned for a site. Longmont residents were concerned about the health of children and seniors and the livability of their neighborhoods. The City Council increased the setbacks to 750 feet from homes and allowed for comprehensive review of multiwell sites to ensure they are located appropriately with respect to traffic and adjacent land uses. In response, Gov. Hickenlooper sued Longmont, stating the ordinance was “preempted” by the state.

COGCC rules require that toxic chemicals used in fracking be disclosed to the state 60 days after the operation has been completed. Since most accidents happen when chemicals are being transported or during the fracking process, the Council opted to increase safety for residents and emergency responders by requiring that chemicals be disclosed prior to trucking them through our neighborhoods and pumping them underground. The COGCC is suing for this, too.

The COGCC is also suing Longmont for trying to prevent facilities within the city limits from being an eyesore — such as requiring that tanks be painted and well heads be screened by landscaping. Why is the state threatened by this? The city of Greeley has had a similar requirement in its land use code for years.

Hickenlooper 2The governor accuses Longmont’s use of its zoning authority as a “taking” of private property. Yet, reasonable zoning restrictions — such as those to protect public health — have never been considered a taking by the courts. That is probably why the state is not suing Longmont for a “takings” — even though that is the governor’s rationale.

Applying local zoning to oil and gas development is common. Just look to the birthplaces of the industry: Texas allows municipalities to set their own setback rules; Pennsylvania allows local governments to apply their zoning authority to oil and gas development; and Oklahoma allows its municipalities to ban oil and gas development within their borders. Yet, these states aren’t suffering from an “uneven patchwork of regulations.”

Zoning industrial land uses inside the city is within Longmont’s authority as a home rule city. From mining operations to marijuana dispensaries, barber shops to breweries, local governments have the authority and responsibility to regulate land use to protect the public’s health, safety and welfare. Oil and gas development should be no different.

The oil and gas industry is booming in Colorado. Responsible development of the industry is appropriate. However, responsible does not mean steamrolling the citizens of Longmont. Longmont’s future should be dictated by the needs of its community, not the desires of the industry or the governor. One thing we all agree with the governor on: “Our ultimate responsibility is to protect people.”

I hope the governor will rethink his approach and work with local officials to ensure Longmont remains a great place to live.

Gordon L. Pedrow is a former city manager of Longmont.

Yes on 300 to ban fracking in Longmont

Longmont has been my home for 35 years. Like most young couples raising children, we didn’t have time to pay attention to every issue that came before City Council unless the issue became localized — personal.

There was a time when the buzz word was “infill,” developing property that already used city services. We worked with council to minimize the number of houses built near an alley. The alley was re purposed to serve the development and was given a street name. During the same period, a different development was stopped because it didn’t meet our home rule cul-de-sac and traffic codes.

We now have an industry that not only ignores our home rule zones and codes but threatens to sue if it cannot have its way to do business wherever and whenever it wants within our city. This industry threatens not only our property values but our right to clean air and water. In 2005 the oil and gas industry went rogue. With unregulated new technology, the industry is making billions of dollars. Science has not been able to keep up with the new technology but the first reports are alarming. Longmont residents paid attention, bringing tons of individual research and personal testimonials to council meetings. They urged and pleaded for home rule regulations. Because we have a mayor who allows us to talk and listens, a councilman in Brian Bagley who fought for us on the task force, we now have some regulations protecting our city.

However, these regulations and the memorandum of understanding (MOU) with TOP Operating are weak and do not fully protect us. They are filled with loopholes that allow the industry and council to ignore home rule. Thus the petition drive enabling us to vote to ban fracking within our city limits. The regulations and petition drive are causing a furor at the state level. That’s OK. We are not apathetic residents.

During the petition drive folks were willing to talk and ask questions when I told them it was a nonpartisan effort. One of the big concerns was jobs. I’ve had this same concern and asked council how many jobs would be created for the unemployed in Longmont. Councilwoman Finley was the only one who responded to me but it was to send me to the Encana Oil website. No answer to the number or types of jobs to be created has come from the industry. The drilling is done in phases with TOP drilling subcontracting out the fracking.

Toward the end of the petition drive, people wanted to know why we were pursuing the effort since council passed the regulations. As the regulations stand, the little word “exemption” in the residential drilling is a huge loophole for the industry and City Council to jump through. This word will allow TOP drilling or other companies and council members to use whatever reason they want to ignore the 750-foot setback. The MOU concerning setbacks is a baseline with the owner of the mineral rights, TOP Operating Co. in this case, to protect city/public surface rights. The MOU doesn’t pertain to any other drilling companies. These are rules that can be changed at any time by council if the drilling company says it cannot get to its minerals. The vote in November is to amend the City Charter, which is law and is much more difficult and time-consuming to change.

I’m voting to ban fracking because I do not want to wait 15 to 20 years to see if the cement used by the oil and gas industry cracks, causing carcinogens to leak into our water supply, harming my 3- and 6-year-old neighbors. I don’t want to bet on whether companies will relocate in Longmont with methane in the air and the city dotted with oil wells. I don’t want council to sell the surface rights of our public lands, which I voted to purchase with my tax dollars. I’m tired of waiting to see how many jobs will be created for our residents. I can’t wait for the science to catch up to the technology used. Just like with the tobacco industry, hindsight can kill us.

Please vote “yes” in November to ban fracking under the Longmont Health, Safety and Wellness Act.

Longmont, you’re fracked. OK by Council

The following address was presented to the Longmont City Council on April 17, 2012 in response to the the “draft” dilling/fracking regulations. The Longmont City Council ignored the testimony and pleas of the community, the advice of four of its boards and commissions and advanced on a 6-1 vote a gutted version of the regulations to ordinance. Sarah Levison provided the protest vote.

Fracked behind closed doors

Fracked behind closed doors

This document of Longmont’s proposed oil and gas regulations shames this city.  And it should shame you.  But I suspect it won’t.  It is nothing more than a capitulation to the oil and gas industry and a betrayal of the citizens of Longmont.

As a home rule city, you have the legal opportunity to do much more.  You met in executive session on March 27 and April 3 to discuss draft oil and gas regulations and to receive legal advice and obtain instructions regarding the same.  It does not take a Philadelphia lawyer or a rocket scientist to determine when and where your decisions took place.  Tonight’s discussion is likely to be nothing more than a dog and pony show to once again pretend to the Longmont public that you are listening to their testimony, the evidence of the dangers of drilling within the city and the threats to human health, safety and welfare from fracking.

Our health, safety and welfare are constitutionally (both United States and Colorado) and statutorily guaranteed.  Yet our Democratic governor, our Republican attorney general and the Colorado Oil and Gas Commission, the oil and gas industry sock puppet, prefers to thumb their collective noses at the people and smile all the way to the bank to deposit campaign contributions from their benefactors.  The same holds true of most members of the Longmont city council who occupy their seats by virtue of the financial assistance and dirty campaign tactics of Western/American Tradition Partnership and its local sympathizers who do not know enough or care enough to even protect themselves and their families.

It was no accident that American Tradition Partnership first showed its rabidly anti-people face in Longmont in 2009.  This organization, funded by the extraction industries and the Koch Brothers, knew the oil and gas industry was moving its way to the western end of the Wattenberg Field and the Niobrara Play and needed a Longmont city council that would “play” ball with them – pun intendedThey got it and they got more of it last year.  And now the people of Longmont are getting fricking fracked.

So you’ll sacrifice your personal integrity, the well-being of your community and the health and safety of your families on the altar of oil and gas profits and I suspect you’ll even use the nauseatingly familiar buzzwords of your political party to justify the decisions you made weeks, if not months, ago.

But don’t expect respect or support for your choices and don’t expect that the community will take your actions lying down – or bending over.

This is not over until the proverbial fat lady sings – and you can be sure that she is just warming up.