On May 2, 2016, the Colorado Supreme Court issued its decision striking down the ban on hydraulic fracturing enacted by the city of Longmont, Colorado.  The Colorado Supreme Court ruled that Longmont's ban on the process conflicted with the extensive regulatory regime enforced by the Colorado Oil and Gas Conservation Commission and was therefore preempted by state law.  The Colorado Supreme Court's decision was in line with previous decisions striking down attempts by municipalities to override comprehensive oil and gas regulations enacted on a statewide level.  

The County of Boulder, Colorado, continues to flaunt the Supreme Court's recent decision through continued enforcement of its de facto ban on all oil and gas drilling activities in unincorporated areas.  The Boulder County drilling ban is under the guise of a "moratorium" on processing oil and gas permit applications that has been in force for four years and is currently scheduled to extend at least through the year 2018.  

A copy of the Colorado Supreme Court's decision on hydraulic fracturing can be downloaded here: 

15SC667.pdf

Tjornehoj & Hack LLC, assisting energy industry clients in navigating the legal landscape. Our attorneys offer a full suite of Title Examination services, including preparation of Oil and Gas Title Opinions.