The Colorado Supreme Court will soon decide if local bans and moratoriums on fracking in that state are legal, in a case one activist believes could have national implications.
On Monday, the Supreme Court decided to take up the case of Joshua Elliot Wingfield v. the People of the State of Colorado. At issue is whether cities can pass bans on the use of hydraulic fracturing in oil and gas operations within city limits.
Sam Schabacker, associate organizing director with Food and Water Watch, a group associated with Coloradans Against Fracking, said Tuesday the case will be watched across the country.
“This case is going to be hugely significant, not only for the state but nationally, for local governments, for advocacy organizations and the industry when it comes to whether people can say ‘no’ to fracking in their backyard,” he said.
The case seeks to answer for Colorado a similar question that was asked in New York in 2014. The Supreme Court in that state ruled that towns may ban fracking if they so choose.
New York banned fracking in the state earlier this year, joining Vermont as the only states to ban fracking statewide. Maryland decided to place a moratorium on fracking until 2017.
The case in Colorado specifically deals with Longmont, which has an outright ban on fracking in the city, and Fort Collins, which has a five-year moratorium.
Fracking, the method of drilling vertically and then horizontally into rock and using chemically-treated water to blast the rock apart and release natural gas, has been generally credited with instigating a boom in natural gas production in the United States in recent years.
But many activists are concerned about the negative aspects of the process, such as air and water pollution, earthquakes and impacts on personal health.
Schabacker acknowledged the legal processes in New York and Colorado are much different, and the decision by the Colorado Supreme Court will only affect that state’s voters. Still, it could inspire other towns around the country, he said.
“Their only option, if they want to say, ‘No, I don’t want this next to my home, next to my kids’ school,’ is to go to the ballot,” Schabacker said. “We’re going to see more and more people in Colorado rising up and saying no, I don’t want this and they’re going to the ballot box.”
Coloradans Against Fracking announced earlier this year the group would consider a statewide ballot initiative to ban fracking in 2016. The status of that effort isn’t clear at this point.
At least one industry official doesn’t think the case will mean much outside of Colorado’s borders.
Doug Flanders, director of policy and external affairs for the Colorado Oil & Gas Association, said the decision won’t impact other states and it’s still not clear what it’s going to mean for Colorado.
The Colorado Oil & Gas Association is the group that filed the initial challenge to Longmont’s voter-passed ban on fracking, which was passed in 2012. According to the Longmont Times-Call, a district court judge overturned the ban, a decision that was appealed by the city’s City Council.
Flanders said the association expected the Colorado Supreme Court to take up the case and is anticipating the decision.
“We look forward to once again having the Supreme Court put further clarification that the ban implemented in Longmont and that the Fort Collins moratorium are preempted by current law and are thus illegal,” he said in a statement.
“However, just like before, we will continue to do the difficult and unsexy work of finding reasonable and workable solutions with our friends and neighbors throughout the state.”
