Following an adverse decision from the Colorado District Court, litigation concerning Longmont, CO’s local ban on fracking has been appealed to the Colorado Court of Appeals due to the trial judge’s failure to acknowledge the drastic legislative changes that were passed since this issue was litigated before the Colorado Supreme Court in 2016. These changes to Colorado’s Oil and Gas Conservation Act expressly stated that there was no longer state pre-emption of local land use ordinances and that municipalities may regulate surface activities to protect public health and welfare.
The initial brief was submitted to the appellate court on February 19, 2021, and argues that the law now allows municipalities to ban local land uses through municipal ordinances that protect public health, as such the Longmont ban on fracking is no longer in conflict with state law as fracking involves significant surface activity and land uses that threaten public health and safety. Briefing and oral arguments will continue through 2021.
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