Tag Archive for oil and gas drilling-Longmont

State sues Longmont to drill in residential areas

On Monday, July 30, 2012, the State of Colorado filed a lawsuit in Boulder District Court to prevent the City of Longmont from implementing a ban on drilling for oil and gas in the city’s residential neighborhoods. The suit was filed by Jake Matter, Deputy Attorney General, on behalf of the Colorado Oil and Gas Conservation Commission (COGCC).

The COGCC has consistently refused to acknowledge the right of local governments and their citizens to exercise control over heavy industrial activities in their communities. The suit claims that “No possible construction of the disputed provisions of the ordinance can be harmonized with the state regulatory regime.” The state wants the court to throw out the city’s regulations without so much as a trial.

This suit is a stab in the back of every resident in Longmont. The state has essentially said, “We don’t care what you want. If the oil and gas industry wants to drill next to your homes and schools, we will allow it. It’s our right to let them and we will take you to court to shut you down.”

This is a very disturbing, although predictable, action by the State of Colorado. The state, its agencies, and its elected officials have sworn to uphold the Constitution of the State of Colorado, which guarantees citizens’ rights to health, safety and well-being.

The citizens of Longmont should not and will not be intimidated or bullied by any government entity. Voters in Longmont must stand firm in November and vote for the Charter Amendment, The Longmont Public Health, Safety and Wellness Act, sponsored by Our Health, Our Future, Our Longmont. The amendment prohibits the hazardous practice of hydraulic fracking and waste injection wells within Longmont’s city limits. Fracking is harmful to children, families, the community, and the environment.

Longmont Charter Amendment Advances to Ballot

Today, Our Health, Our Future, Our Longmont (Our Longmont) announced that its charter amendment, the Longmont Public Health, Safety and Wellness Act, has qualified for the November ballot. The Longmont City Clerk, has declared that Our Longmont’s signatures are “sufficient” to place the Public Health, Safety and Wellness Act, before the voters on November 6, 2012. In doing so, Longmont will be the first city in Colorado to vote on banning the controversial oil and gas extraction process known as hydraulic fracturing or fracking.

“Today is a historic day for the City of Longmont and for the State of Colorado as Longmont leads the way to prohibit fracking within city limits,” said Michael Bellmont, a member of Our Longmont. “Fracking threatens our constitutional rights to protect our health, safety and property. We believe Longmont citizens have the right to decide whether this dangerous and destructive practice should take place next to their houses and their children’s schools.”

In early June, Our Health, Our Future, Our Longmont launched a petition drive to amend the city’s charter with the support of Food & Water Watch. In order to qualify for the ballot, 5,704 signatures of Longmont registered voters are required. With the dedication and hard work of nearly 100 volunteers, members of Our Longmont submitted over 8,200 signatures to the Longmont city clerk on July 20, 2012.

“The democratic process is alive and well in Longmont despite threats from the State of Colorado and the oil and gas industry to deny our city and its residents local control. Longmont citizens emphatically support their right to vote on whether or not fracking should take place next to their homes, schools and reservoirs,” Bellmont said.

“Our Longmont is a grassroots organization of Longmont citizens who believe that every citizen has the constitutional right to health, safety and wellness and that they are entitled to a voice in the guarantee of those rights. We are your neighbors, friends, and co-workers. We are business owners. We are retirees. We are mothers and fathers. We are ordinary Longmont citizens,” said Bellmont.

The state of Colorado is attempting to sue the city of Longmont over its oil and gas regulations. This is a blatant attempt by Governor Hickenlooper, an outspoken cheerleader for the oil and gas industry, to strip local control from Longmont so that his oil and gas friends drill next to houses, schools and parks in Longmont.

Longmont area native and Food & Water Watch’s Mountain Region Director Sam Schabacker has been supporting the efforts of Our Longmont. “Food & Water Watch is honored to help Our Longmont in its commitment to protect the Longmont community’s constitutional right to health, safety and welfare,” said Schabacker. “The actions that Our Longmont has taken are indeed trailblazing. If the Public Health, Safety and Wellness Act is passed by Longmont voters in November, Longmont will be the first community in Colorado to ban fracking,” Schabacker said.

Our Health, Our Future, Our Longmont, is a group of concerned citizens from throughout Longmont. We believe that Longmont has a right to protect the public health, safety, and welfare of our community. Our goal is to preserve the quality of life in our exceptional city by protecting the health, safety, and welfare of our citizens. By so doing we will preserve our economic vitality, our home values, our water, parks, wildlife, lakes, trails, streams, open space, and recreational areas for ourselves and future generations.

Food & Water Watch works to ensure the food, water and fish we consume are safe, accessible and sustainable. So we can all enjoy and trust in what we eat and drink, we help people take charge of where their food comes from, keep clean, affordable, public tap water flowing freely to our homes, protect the environmental quality of oceans, force government to do its job protecting citizens, and educate about the importance of keeping shared resources under public control.

How did we get here?

Our country is being hijacked right in front of us.

Our homes and safety are being hijacked

How did we get here?   As a nation, a state, a community, how did we get here?

How did we lose so much of our humanity that we would by word and deed and law allow the profit of the few to trump the genuine needs of the many?

How did we get to the point where our President listens to an industry and apparently accepts their lies, their propaganda, or perhaps just doesn’t want to be crosswise with it and those with whom it has sway during an election year?

How did we get to the point where our Colorado legislature allows an industry to write legislation with the likely help of organizations like the American Legislative Exchange Council?  I ponder the word “exchange” in its name.  In exchange for what?

How did we get to the point where our governor, elected to represent all of the people, runs interference against communities who DO want to protect the health, safety and welfare of their citizens?

How did we get to the point where our Attorney General in collusion with the oil and gas industry threatens legal action against communities who dare to seek to preserve our quality of life, paramount of which is our health?  Do you know that the oil and gas industry has threatened to bankrupt communities who don’t fall in line?  It will not surprise me when they try to do the same to Longmont, even in the face very tepid regulations.

How did we get to the point where members of our own city council value business above all else?

When did we lose our humanity?

City council, restore needed regulations


Editor’s Note: The following is an Open Letter to the Longmont City Council. On May 8, 2012, Longmont’s oil and gas regulations will appear on the council’s agenda on First Reading (Consent Agenda). Several necessary regulations were removed from the Draft Regulations prepared earlier this year.

I would like to see the following provisions become part of the city’s regulation of fracking wells and other wells.

1) RESTORE THE PROVISION REQUIRING CLOSED PITS.
Open pits are a source of contamination, both through evaporation (airborne contaminants), and through undue exposure to animals and, potentially, children on nearby playgrounds. A CLOSED SYSTEM WOULD BE BEST.

2) INCORPORATE THE NEW EPA REGULATIONS ON METHANE CONTAMINATION. The EPA has just issued new regulations regarding methane leakage in fracked wells. The city should require that any wells drilled now should be in conformity to these new regulations, since the new wells will be operating when the EPA regulations go into effect.

3) DO NOT ALLOW THE OPERATION OF WELLS DURING A DROUGHT. The state already has a mechanism for declaring a state of drought, and it should be strictly observed.

4) MONITOR SMOG POLLUTION, INCLUDING ADVANCE TESTING TO ESTABLISH A BASELINE.
The city should require testing using the new technique just published by NOAA, which is able to differentiate sources of smog pollution. There should be a baseline test of Longmont’s air quality at the present time, before the moratorium is lifted, and future tests should be measured against it. I am especially concerned about the numerous medical studies published by a variety of sources–easily found with an Internet search–that show strong links between smog and an increase in asthma, stroke, and heart attacks. The recent study in Erie that commented on 10 minutes of exposure is ridiculous. If there are wells, there is going to be chronic exposure. The studies of the effects of chronic exposure to smog need a detailed review and the city needs to fund its own monitoring of smog.

Thank you for your attention to these matters. I look forward to seeing these important elements of regulation incorporated into the City of Longmont regulations.

The ball is in council’s court

Editor’s Note: The following address was given before Longmont City Council on March 14, 2012.

I have a new suggestion tonight relative to how we use the moratorium currently in place to delay applications on hydraulic fracturing within Longmont City Limits.  So far we have been talking about state regulation and the city’s limited authority to challenge it.  The question now becomes, have you heard enough and seen enough in the past few months to be just the slightest bit worried about the impacts of fracking to question its appropriateness in this place, our city?  Your answer to this question determines next steps.

I recently sent an open letter to each of you describing the difference between background research on fracking done by county staff at the direction of the commissioners and research done by city staff at your direction.  The difference was that county staff talked about the impacts of fracking on citizens: health risks, hidden infrastructure costs, property values, etc.—all things that elected officials are responsible for, whereas city staff has so far merely presented a legalistic framework for how to indemnify themselves and you in the face of state preemptions.  Well, it’s a good thing we have a little more time under the moratorium to research our alternatives further.

If—and I give the word emphasis—if you would like to prevent urban fracking if you thought you could, you might re-frame it as a rights issue rather than a regulation issue.  You could re-direct city staff to research the U.S. Constitution, the Colorado Constitution, and our status as a home rule city to challenge preemption at its core.  One course of action open to you while we’ve got a moratorium would be for you to revisit our city charter.  You could ask staff what it would take to initiate an amendment to the city charter banning fracking within city limits.  Or you could decide to put this momentous decision to the voters.  Many of us would help you with such a campaign. However, if you’re fine with big oil’s PR campaign, commissions, and now a task force about how safe and green and inevitable directional hydraulic fracturing is, then you probably won’t welcome this suggestion.  But there it is.  For now the ball is in your court.

Fracking: Coming to a neighborhood near you?

This map is a fundamental resource for understanding the issue of oil and gas wells in the City of Longmont.

The Red Zones are locations where the Colorado Oil and Gas conservation Commission (COGCC) allows oil wells to be located on the surface.

There are Red Zones in Rough and Ready park, Jim Hamm Nature Area, Union Reservoir, Sandstone Ranch, Quail Campus, the Airport, Dickens Park, Rogers Grove Park, Golden Ponds, Blue Skies Park, Sunset Golf Course, Fox Hill Golf Course, Clark Centennial park, Ute Creek Golf Course, Mountain View Cemetery, MacIntosh lake, Twin Peaks Golf Course, Dog Park #2 and the Fairgrounds. Red Zones are located near Steven Day Park, Affolter Park, Willow Farm Park and about 1/2 of Longmont’s Schools.


If you don’t believe that there will be oil and gas wells drilled at these locations, then ask the COGCC if they are willing to specifically designate a single one of them as ‘off-limits’ to drillers. Indeed, the COGCC threatens legal action against any attempt to protect these Red Zones, and they permit oil operators to harm the public by using open toxic waste pits within them.

All of Longmont’s neighborhoods are at risk!

Spring Valley Estates: Abandoned well pits

I wonder how the residents in Spring Valley Estates (in northeast Longmont) feel about having three historic gas wells and three abandoned waste pits located beneath their homes? It is likely that these historic wells and pits could rupture, fail and/or blowout if fracking were to occur within a few miles (planned for the Union Reservoir area), releasing poisonous gases such as methane, benzene, toluene, ethylbenzene, and xylenes in and around people’s homes. This very same situation occurred in Florence, CO, in late 2010. Explosive levels of methane were found surrounding dwellings in that vicinity.

This is a serious issue that could bring great harm to our residents. We need to ask our public servants (Mayor and Council) to honor the oath they took as elected officials to protect the health, safety and well being of Longmont residents. Tell them that extending the moratorium on oil and gas drilling is in the best interest of the City and its citizens. For more information and to see maps of where the gas wells and pits are located, please visit LongmontROAR.