Tag Archive for Sturm College of Law

Our Broomfield Protests Ballot Title

Blatant violation of state law by Broomfield City Council

For Immediate Release
August16, 2013
OurBroomfield: http://ourbroomfield.org/

Contact: Laura Fronckiewicz, laurafronckiewicz@gmail.com

Our Broomfield Protests City’s Title for Fracking Moratorium Ballot Initiative

City’s Ballot Title Violates State Law, Does Bidding of Polluting Fracking Industry, Undermines Democratic Process

Broomfield,CO — Today, Our Broomfield, which collected 3,000 signatures to place a 5-year moratorium on fracking on the November ballot, filed an official protest of the City’s wording of the ballot initiative that will appear on the November ballot.  The wording was adopted by the City Council on Tuesday August 13th and violates state law as well as the intent of the petition circulated by Our Broomfield.  This is the language proposed by Our Broomfield:

“Shall Broomfield’s Home Rule Charter be amended for five years so as to prohibit the use of hydraulic fracturing (fracking) to extract oil, gas, or other hydrocarbons within the City and County of Broomfield and to prohibit the disposal or open pit storage of solid or liquid wastes created in connection with the hydraulic fracturing process in order to protect property,property values, public safety, welfare and the environment?”

 This is the language the Council adopted:

“Shall Broomfield’s Home Rule Charter be amended to prohibit the owners of property rights in oil and gas minerals from extracting their property through the use of hydraulic fracturing methods and impose additional restrictions on wastewater storage and disposal methods than existing state regulations for the next five years to address concerns about the potential dangers of hydraulic fracturing?”

Our Broomfield contends that the City Council manipulated the language for political purposes in order to persuade voters to not vote for the amendment,also violating State Law under the Colorado Municipal Home Rule Act of 1971.

“We feel that the Title language agreed to by the Broomfield City Council in their 5-4 vote is prejudicial to the outcome and does not correctly and fairly express the true intent and meaning of the ballot measure. The majority vote of the City Council is attempting to undermine the local democratic process – we feel this violates the ballot initiative process as well as state law,” said Laura Fronckiewicz of Our Broomfield.

“We presented the City with an Amendment with the required signatures and in good faith expected that the Ballot Title would accurately represent the proposed Amendment.  The words “public safety and welfare,” which are clearly and expressly stated as being central to the intent, have been removed from the Title altogether.”

“The City Council must respect the will of the people and not be subverted by this billion-dollar industry,”Fronckiewicz said.

The protest, filed by the University of Denver Law Clinic on behalf of Our Broomfield, is posted here:

Jones trounces Hickenlooper in debate

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.

DSC_0395_EliseJonesHickenlooper 2Commissioner 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.

Our Longmont, others act to protect fracking ban

FOR IMMEDIATE RELEASE: March 11, 2013

CONTACTS:
Kaye Fissinger, 303-678-7267 (Our Longmont)
Michael Bellmont, 303-678-9470 (Our Longmont)
Bruce Baizel, 970-903-5326 (Earthworks)
Shane Davis, 303-717-4462 (Sierra Club)
Sam Schabacker, 720-295-1036 (Food & Water Watch)

Coalition Acts to Protect City of Longmont’s Ban on Dangerous Hydraulic Fracturing

LONGMONT, CO – Today, a coalition of community, public health, consumer and environmental organizations filed a motion in the Weld County District Court to intervene in the Colorado Oil and Gas Association’s lawsuit that seeks to invalidate Longmont’s ban of the oil and gas practice known as “fracking” and related surface activities, such as storage of toxic post-fracking fluids. This ban was instituted by the citizens of Longmont in an amendment to the City Charter, Article XVI , the Longmont Public Health, Safety and Wellness Act.

The people of Longmont by an overwhelming vote of 60% (more than 25,000 people), voted in the November, 2012 election to amend the City Charter to ban fracking, affirming their intention “to protect themselves from the harms associated with hydraulic fracturing, including threats to public health and safety, property damage and diminished property values, poor air quality, destruction of landscape, and pollution of drinking and surface water.” This historic ballot measure was spearheaded by Our Health, Our Future, Our Longmont (Our Longmont).

“We are taking this action because we hope to affirm the rights of citizens and communities to guarantee a safe and healthy environment for themselves and future generations,” said Michael Harris, Director of the University Of Denver Sturm College Of Law Environmental Law Clinic. He continued, “We are honored to represent Our Longmont, Food & Water Watch, the Sierra Club and Earthworks.”

The Colorado Constitution confers on all individuals certain inalienable rights. These rights are expressed in the Colorado Oil and Gas Act, which requires that oil and gas resources be extracted in a “manner consistent with the protection of public health, safety and welfare.”

“The extraction process of hydraulic fracturing has not been proven to be safe,” said Kaye Fissinger, managing member of Our Longmont. “Further, the State of Colorado has created a situation where the commission that oversees the oil and gas industry has an inherent conflict of interest. It cannot simultaneously foster the development of oil and gas and protect the health, safety and welfare of the citizens.”

“The dangerous, toxic practice of fracking has been a matter of grave importance to the people of Longmont since October of 2011,” said Michael Bellmont, spokesperson for Our Longmont. “To assure the protection of those in our community, Our Longmont undertook a petition drive to place the charter amendment on the ballot. In November, our citizens exercised their rights to self-determination, also guaranteed under Article XX of Colorado’s Constitution. In light of the Colorado Oil and Gas Association’s attack, it is necessary that citizens participate in the judicial process to guarantee our constitutionally protected rights. It is for this reason Our Longmont and others have moved to intervene,” Bellmont said.

Food & Water Watch provided invaluable assistance to Our Longmont throughout the effort to qualify and pass Longmont’s charter amendment. Sam Schabacker, Mountain West Regional Director for the organization, said, “We were delighted to be able to help the citizens of Longmont prohibit the dangerous industrial practice of hydraulic fracking and are pleased to be able to continue to support them. We have every confidence that the courts will reject the claims of the Colorado Oil and Gas Association and preserve Longmont’s constitutional and home rule rights.”

According to Eric E. Huber, Senor Managing Attorney for the Sierra Club Environmental Law Program, “This lawsuit could have a precedential effect throughout Colorado as other communities work to pass similar prohibitions on fracking and the disposal of its waste products within their boundaries.”

Bruce Baizel, Director of Earthworks’ Oil & Gas Accountability Project, said, “The citizens of Longmont took this action because they don’t trust state regulators to protect them. Rather than sue communities acting to protect their public health, industry and the state should be addressing legitimate community concerns by putting the public’s health before industry profits.”

Our Health, Our Future, Our Longmont, is a group of concerned citizens from throughout Longmont. We believe that Longmont has a constitutional 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 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. www.ourlongmont.org,

Food & Water Watch is a consumer organization that advocates for common sense policies that will result in healthy, safe food and access to safe and affordable drinking water. It’s essential that these shared resources be regulated in the public interest rather than for private gain. www.foodandwaterwater.org,

Sierra Club is America’s largest and most influential grassroots environmental organization with more than 2.1 million members and supporters nationwide, including 160 members in the City of Longmont. In addition to creating opportunities for people of all ages, levels and locations to have meaningful outdoor experiences, the Sierra Club works to safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying and litigation. http://rmc.sierraclub.org

For 25 years, Earthworks has been dedicated to protecting communities and the environment from the impacts of irresponsible mineral and energy development while seeking sustainable solutions. http://www.earthworksaction.org.