Sunday, July 27, 2014

State district judge strikes down a Colorado city’s fracking ban


State district judge strikes down a Colorado city’s fracking ban


In an effort to protect the “state’s interest” in oil and natural gas, a Colorado state district judge struck down the city of Longmont’s voter-approved ban on hydraulic fracturing last Thursday.


Boulder County District Court Judge D.D. Mallard ruled that the city’s ban interfered with the state’s interests and the concerns over health risks were insufficient to warrant banning fracking.


“While the Court appreciates the Longmont citizens’ sincerely-held beliefs about risks to their health and safety, the Court does not find this is sufficient to completely devalue the State’s interest,” Mallard wrote.


Longmont voters approved the ban back in November 2012, but the Colorado Oil and Gas Association fought tooth and nail to have it overturned, and now they’ve succeeded.


Earthworks, the Sierra Club, Our Health, Our Future, Our Longmont, and the other environmental groups listed as defendants plan on appealing the decision. Fortunately, Judge Mallard ruled that the ban will be kept in place while an appeal is considered.


“While we respectfully disagree with the court’s final decision, [Mallard] was correct that we were asking this Court, in part, to place protection from the health, safety and environmental risks from fracking over the development of mineral resources,” Kaye Fissinger, president of Our Health, Our Future, Our Longmont, said in a statement on Earthworks’ website.


“It’s tragic that the judge views the current law in Colorado is one in which fracking is more important than public health; reversing that backwards priority is a long-term battle that we’re determined to continue.”


The city of Longmont has already spent $116,324 defending the ban as of the end of June. The environmental groups have argued that the language the industry relied on to get the ban overturned was written far before modern practices like fracking, Mallard said the issue should be taken up with a higher court or state legislators.


“This decision means two things: The judge has invited us to seek the change we need either through the higher courts or the legislature,” said Bruce Baizel, Earthworks Energy Program director. “We fully intend to pursue the former on appeal, while the latter underscores the need for the citizens of Colorado to get out and support the Environmental Bill of Rights ballot measure this Fall.”


Read more about the story at The Huffington Post.


The post State district judge strikes down a Colorado city’s fracking ban appeared first on WeHeartWorld.






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