Fracking laws go to Colorado Supreme Court

Posted at 1:42 PM, Dec 09, 2015
and last updated 2015-12-09 15:42:19-05

The Colorado Supreme Court Wednesday heard arguments over Colorado's fracking laws.

At issue is whether home-rule cities should be allowed to ban hydraulic fracking in oil and gas operations, and the storage of such waste products.

Longmont created new regulations for fracking and voters added a ban on fracking to the City Charter in 2012.

The Colorado Oil and Gas Association sued over both issues. The regulations issue was dismissed as part of a compromise brokered by Gov. John Hickenlooper before the 2014 election.

However, in 2014, District Court Judge D.D. Mallard ruled that the ban conflicted with existing state law and changing that was up to either the Legislature or a different court. Since then, the fight over the ban has continued to move through the courts.

Fort Collins has a five-year moratorium and is part of the case.


In September, the Colorado Oil and Gas Association said, “…we look forward to the Supreme Court putting further clarification that the ban implemented in Longmont and that the Fort Collins moratorium are preempted by current law and are thus illegal."

Kaye Fissinger led the charge to ban fracking in Longmont. She supported  the Supreme Court’s decision to hear the cases.

"It's long past time," she said. “This is not your grandfather’s fracking taking place. The practice has changed. Property rights are in the constitution, but so are the people's rights."

The fracking ban will remain in place during the appeal.