Gas Industry Successfully Overturns Colorado Fracking Ban

Search form

Gas Industry Successfully Overturns Colorado Fracking Ban

Gas Industry Successfully Overturns Colorado Fracking Ban
Tue, 5/28/2013 - by Farron Cousins
This article originally appeared on DeSmogBlog

The townspeople in Fort Collins were greeted with some unfortunate news last week, as their city council decided tooverturn a ban on hydraulic fracturing that had been in place for only a few short months. The decision to overturn the ban was based solely on the threat of a lawsuit from the oil and gas industry.

The mere threat of a lawsuit from the only fracking company in town – Prospect Energy – was enough to send the city council cowering in submission, placing the entire town at risk of the negative health impacts associated with fracking.

The gas industry was aided in their efforts by Colorado’s Democratic Governor John Hickenlooper, who warned the town of Fort Collins that if the ban were to remain in place, they could face legal intervention from the state itself.

Hickenlooper’s announcement is less than surprising. He has received more than $45,000 from the energy industry during his campaigns, along with another $104,000 from the real estate industry (a sector that stands to gain a lot with the leasing of property to fracking.)

Prospect Energy was aided in their efforts by the industry front group Energy in Depth. After the ban was lifted, EID issueda press release saying the following:

The debate in Boulder County should focus on the facts, and the robust and responsible regulations that are already enforced by the state of Colorado, not reckless claims by ideologically motivated activist groups.

But the city council’s decision to allow the ban to expire only sped up the process for the dirty energy industry. The ban would have eventually been overturned by the court system in Colorado. At least two challenges to fracking bans have been brought before the Colorado Supreme Court, and in both instances, the Court sided with the dirty energy industry. This set the precedent for future challenges to be handled swiftly and soundly in the lower courts.

But this raises another important issue, and that is the importance of the American judiciary, the forgotten branch of government. While a few states actually elect their judges, most states (and the federal government) rely on appointments from governors and presidents. If a governor, like Hickenlooper, has received tens of thousands of dollars from the energy industry, it is fairly safe to assume that he’s going to appoint judges who the industry approves, regardless of their party affiliation. As the politician goes, so goes the court.

The town of Fort Collins needs to lawyer up themselves. The second that any toxic fracking fluids leak into their water supply, they need to file suit.

Unfortunately, given the reactionary nature of our country, we only address problems after they occur, but having a team of skilled environmental attorneys on hand will be a necessity for Fort Collins once the fracking begins.

 

Article Tabs

Chris Hedges (Credit: Nation Books)

"You rebel not only for what you can achieve, but for who you [can] become," says the author and journalist.

socialism, state capitalism, regulated private capitalism, worker-owned enterprises, worker-owned businesses

Regulated private capitalism, state capitalism, socialism – these three systems are entirely different from each other, and we must understand those differences to move beyond today's dysfunctional economies.

Yanis Varoufakis, Syriza, Alexis Tsipras, Greek anti-austerity protests, Greek austerity policies, Troika, Greek debt relief, Greek debt crisis

The Greek finance minister, Yanis Varoufakis, said he would rather cut off his arm than accept another austerity bailout without any debt relief for the country.

church burnings, Michael Brown, Ferguson protests, Darren Wilson, Black Lives Matter, Charleston massacre, Ku Klux Klan, hate groups, hate crimes, National Church Arson Task Force

That numerous black churches in the South have been burned just a little over a week since the racially-motivated terrorist attack in Charleston lends credibility to the theory that racist organizations are at work.

I removed the flag not only in defiance of those who enslaved my ancestors in the southern United States, but also in defiance of the oppression that continues against black people globally in 2015.

Fight for $15, $15 minimum wage, bank bailouts, corporate subsidies,

Municipal leaders should be commended for acknowledging the current wage is too low – but phasing in a higher wage over many years is unacceptable in an economy where costs of living are rising and wages are falling.

Posted 3 days 17 hours ago

bout time! Timeline of same-sex marriage in the United States

Posted 5 days 16 hours ago
carbon emissions, mercury emissions, EPA, Clean Air Act

The Supreme Court invalidated a key Obama administration environmental regulation aimed at limiting emissions of mercury and other hazardous pollutants mainly from coal-fired power plants.

Posted 3 days 17 hours ago
Greek debt crisis, Greek anti-austerity movement, Alexis Tsipras, Troika, Syriza party, Greek referendum, Euro crisis

Greeks will find their savings blocked and their banks closed for a week following a fateful weekend that has shaken Europe’s single currency.

Posted 4 days 14 hours ago

From Sweden with socialism, let’s google some shit.

Posted 2 days 16 hours ago
Fight for $15, $15 minimum wage, bank bailouts, corporate subsidies,

Municipal leaders should be commended for acknowledging the current wage is too low – but phasing in a higher wage over many years is unacceptable in an economy where costs of living are rising and wages are falling.

Paris climate summit, carbon emissions, climate crisis, climate justice movement, climate action

Nothing less than a systemic transformation of our societies, our economies, and our world will suffice to solve the climate crisis and close the ever-increasing inequality gap.

The HRA protects the right to life, liberty, security, a fair trial, respect for private life and freedom of expression – it also bans torture, slavery and discrimination.

I removed the flag not only in defiance of those who enslaved my ancestors in the southern United States, but also in defiance of the oppression that continues against black people globally in 2015.

Sign Up