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Print articleColorado Supreme Court Affirms Preemption of Fracking Bans
May, 2016 - John D. Fognani , Jamie M. Jackson
On May 2, 2016, the Colorado Supreme Court issued two anticipated opinions that are important to the oil and gas industry in Colorado, and could be precedent for similar efforts pending in a number of states where local governmental entities are trying to rein in fracking. Specifically, the Court affirmed district court decisions that held fracking bans implemented by two Colorado cities, Longmont and Fort Collins, to be preempted by state law and therefore invalid and unenforceable.
The rulings in City of Longmont et al. v. Colo. Oil & Gas Ass’n et al. and City of Ft. Collins v. Colo. Oil & Gas Ass’n overturn a patchwork of city and county anti-fracking ordinances in Colorado that have made drilling difficult. The rulings will have undoubtedly widespread effects in Colorado, where several Colorado cities and one Colorado county have enacted bans or moratoria on fracking within their limits, including the cities of Fort Collins, Broomfield, Lafayette, Longmont and Boulder, as well as Boulder County.
