Written by Audrey Wheeler

The first-ever Colorado Public Lands Day was celebrated this weekend with 137 events across the state. This new holiday is the first of its kind for any state in the nation, and was created by our Colorado legislature in 2016 to occur on the third Saturday of May each year.

This year, events ranged from volunteering to bicycling to hiking to drinking beer. Volunteers came together to restore trails, plant native species, and clean up our wild places. Ten breweries jumped on board with limited-edition craft brews to honor public lands.

Some big names were involved in the festivities. Colorado-based band Elephant Revival hosted a trail cleanup event, played an acoustic set at a Colorado Public Lands Day event, and gave a shoutout to our public lands from the stage at the Red Rocks music venue on Sunday.

The band, which has made a bold commitment to protecting public lands, was the “official sound” of the holiday this year. U.S.  and Conservation Colorado Executive Director  got onstage at their Red Rocks show to urge the audience to protect public lands. Senator Bennet urged the audience to celebrate and protect our public lands because “our work is not done.” Hundreds of people took action with Conservation Colorado to support our national monuments.

In addition, many other Colorado politicians came out to celebrate the holiday. Governor Hickenlooper spoke about public lands protection to a packed street at the Grand Junction Epic Rides Fest. U.S. Congressman Ed Perlmutter, who represents the Golden area, commented that “In Colorado, public lands are part of our DNA,” when he spoke on stage at one of our marquee events the American Mountaineering Center in Golden.

The holiday was established in large part due to the efforts of state Senator . Donovan said of the holiday, “Since we passed it, there have been some very real challenges and political discussion around the threat against public lands staying public. I think it has a new significance, showing how important it is that our public lands stay public and accessible to all.”

It’s true that this holiday could not have come at a better time. Right now, the attacks on our public lands are all too real, from a “review” of 27 treasured National Monuments to halting the work of over 200 advisory boards for the Department of the Interior. Fortunately, the inaugural Colorado Public Lands Day proved that Coloradans are ready to stand up for their public lands.

In all, the holiday was an enormous success for celebrating and honoring our public lands. The widespread participation in Colorado Public Lands Day is proof of Coloradans’ affinity for protecting our public lands. We can’t wait to celebrate next year!

Cover image: Celebration for Colorado Public Lands Day at a brewery. Anna Peterson.

Contacts:

Jessica Goad, Conservation Colorado, 720-206-4235

Mike Freeman, Earthjustice, 720-989-6896

Two of the state’s leading environmental advocacy groups today called upon Governor Hickenlooper to accept the court’s decision in Martinez v. Colorado Oil and Gas Conservation Commission and not appeal the case. Governor Hickenlooper has until this Thursday, May 18 to decide whether to appeal the decision.

“Several bills that would have done a better job of protecting Colorado communities from oil and gas failed in the state Senate during this past legislative session,” said Pete Maysmith, Executive Director of Conservation Colorado. “Now, it’s up to the governor to take this opportunity to protect public health and the environment and do all that he can to prevent tragedies like Firestone. A critical way to achieve this is to ensure that the oil and gas commission fully utilizes all of the tools that it has been given to protect public health, safety, and welfare. One of these tools is a recent court decision that makes it clear that the agency does in fact have the ability and authority to protect Colorado communities from oil and gas drilling. In order to preserve this important tool, we urge Governor Hickenlooper to not appeal the Martinez decision.”

“All the Martinez decision says is that Colorado must protect public health, safety, and the environment when approving oil and gas development,” said Mike Freeman, Staff Attorney at the public interest law firm Earthjustice. “But the Colorado Oil and Gas Conservation Commission has been telling Coloradans for years that it already does that. If the COGCC has been meeting its obligations to protect Coloradans the State should have no objection to the court’s ruling. By appealing the court ruling, the government and the COGCC would be making the case that public health and safety are not the commission’s top priority in managing oil and gas development.”

Background on the case:

In 2013, Xiuhtezcatl Martinez and several other Colorado young people asked the COGCC to adopt a regulation stating that no drilling permits will be issued without a finding that drilling can occur without impairing Colorado’s air, water, and wildlife and that it does not adversely affect public health. The COGCC denied the request, holding that it lacked legal authority to issue such a rule. In March 2017, the Colorado Court of Appeals set aside the COGCC’s decision. The Court held that state law makes “protection of public health, safety and welfare, including protection of the environment and wildlife resources” a prerequisite for approving oil and gas development. While rejecting the COGCC’s legal interpretation, the Court did not address whether the agency should adopt the specific rule language requested by the Martinez plaintiffs.

The American Petroleum Institute, which has opposed the Martinez plaintiffs in the lawsuit, is expected to ask the Colorado Supreme Court to reverse the Court of Appeals decision. On May 1, the COGCC voted to join the American Petroleum Institute in challenging the court decision.

Contact: Jessica Goad, 720-206-4235

As the 2017 Colorado state legislative session comes to a close, Conservation Colorado celebrated seven victories but also lamented several important bills that were killed or left on the cutting room floor by the state Senate.

Pete Maysmith, Executive Director of Conservation Colorado, put it this way:
This year’s legislative session had several great, bipartisan wins for conservation issues. Conservation champions and legislators on both sides of the aisle stood up for our air, land, water, and communities, and we’re proud of the passage of meaningful and innovative bills to protect our environment.

 

But throughout the session, a group of obstructionist right-wing Republican senators repeatedly blocked progress by voting ideologically rather than for the needs of everyday Coloradans. Their opposition to simple, commonsense fixes to problems facing Colorado — such as giving citizens the opportunity to vote on a long-term sustainable funding to solve our transportation problems — should serve as a reminder about why voting matters.

Key victories that Conservation Colorado achieved were:

  • Extended a successful energy efficiency program (HB 1227)
  • Helped schools test for lead in their water (HB 1306)
  • Outlawed “rolling coal” (SB 278)
  • Defended tax credits for electric vehicles (SB 188)
  • Supported energy assistance to low-income households (HB 1116)
  • Secured funding for healthy rivers (HB 1248)
  • Prevented bills that would seize or sell off our public lands from being introduced

Despite the wins, several other environmental priorities were killed or stalled this session thanks to ideological opposition. These bills included:

  • Funding for the Colorado Energy Office and important clean energy programs, which Republicans held hostage in order to try to provide a windfall for natural gas companies (SB 301)
  • Improvements to transportation infrastructure and multimodal options (HB 1242)
  • Funding for our state parks (HB 1321)
  • Opening up new opportunities for investment in electric vehicle infrastructure (HB 1232)
  • Three measures to keep our communities safe from oil and gas drilling in neighborhoods:
    • Better protecting children from oil and gas wells located near schools (HB 1256)
    • Providing notice and transparency to property and mineral rights owners in the gas patch (HB 1372)
    • Securing mapping of and information about oil and gas lines, a critical necessity in the wake of the Firestone tragedy (HB 1336)

Conservation Colorado will be releasing its annual conservation scorecard with scores for legislators based on their environmental votes during the 2017 legislative session early this summer.

Contact: Jessica Goad, 720-206-4235

In a huge win for the environment and the “resistance” against the Trump agenda, the vote to move forward with repealing a rule protecting air quality from oil and gas development just failed in the U.S. Senate. However, Colorado Senator Gardner voted the wrong way.

Here is a reaction from Pete Maysmith, Executive Director of Conservation Colorado.

This is an incredible day for the environment and for citizens across the country who have been telling their members of Congress to vote for clean air. The vote should have been an easy one for the oil and gas lobby to win, but the power of citizen activism has broken through the political morass.

 

With that said, we are deeply disappointed in Senator Gardner’s vote. Despite more than 10,000 emails and calls from Coloradans and multiple protests at his offices on this issue, Senator Gardner managed to snatch defeat from the jaws of victory by voting against Colorado’s clean air in what amounted to a futile vote for him.

 

It’s obvious from this vote that Senator Gardner is much more interested in joining the Washington, D.C. political club rather than representing the values of Coloradans. This is not the leadership that Colorado needs, and we will double down on our efforts to make sure that Coloradans of all stripes know what a threat Senator Gardner’s voting record poses to clean air and environment.

Senate Republicans today attempted to use a little-known procedure (the “Congressional Review Act”) to kill rules from previous presidential administrations. Today’s vote on the “motion to proceed” was 51-49, with Senators Lindsey Graham (R-SC), Susan Collins (R-ME) and John McCain (R-AZ) joining all 48 Democrats in rejecting the resolution.

Senator Gardner has a 100% record of voting with Trump and has voted against the environment seven times already this year, the methane vote being the eighth.

The BLM’s methane waste prevention rule was modeled on Colorado’s successful 2014 methane rules. The federal rule was finalized in November 2016 after three years of public process that included eight public meetings held across the country and 300,000 public comments. The rule would minimize the amount of wasted natural gas resources from oil and gas facilities on public and tribal lands by requiring companies to look for and repair leaks, minimize flaring (burning) and prohibit venting of gas directly into the atmosphere. All told, the rule could save $330 million worth of natural gas each year, which would result in increased royalties paid to the federal treasury saving taxpayers more than $800 million over a decade.

Contacts:

– Elizabeth Whitehead, Children’s Hospital Colorado, 720-777-6388
– Mike Wetzel, Colorado Education Association, MWetzel@coloradoea.org
– Brian Turner, Colorado Public Health Association, 303-257-7142
– Jessica Goad, Conservation Colorado, 720-206-4235

The Colorado state legislature today passed HB 1306, a bill that would provide funds for Colorado schools to voluntarily test for lead in their drinking water. The vote count was 29-6, and the bill is on its way to Governor Hickenlooper’s desk.

“Clean water in our schools is an expectation everyone in Colorado can get behind,” said Brian Turner, MPH, President of the Colorado Public Health Association. “As a public health professional, but more importantly as a parent, I’m happy to see our state moving in the right direction for our kids’ safety.”  

The bipartisan bill would provide funding for schools to voluntarily test their water for lead, and it prioritizes testing for older schools and schools with younger children. Schools that discover lead in their drinking water have several routes for securing more funding to mitigate the issue. Just seven of Colorado’s 178 school districts have tested their water for lead, and in these districts, 100 schools were found to have lead in their water.

“There are no safe levels of lead,” said Dan Nicklas, MD, pediatrician at Children’s Hospital Colorado. “The recent crisis in Flint, Michigan, brought the nation’s attention to this environmental hazard, though lead toxicity has always been a public health challenge. We fully support our state proactively addressing this risk to keep Colorado kids safe.”

“We recognize our school districts are badly underfunded and cannot perform this important work for student safety without assistance,” said Kerrie Dallman, president of the Colorado Education Association. “We appreciate our legislators for stepping forward with funding to help older schools meet the challenge of providing safe learning conditions for their students.”

“A safe environment is a human right,” said Kristin Green, Water Advocate at Conservation Colorado. “We’re thrilled that legislators from both sides of the aisle stood up for Colorado kids and will help keep them safe from lead pollution.”

Contact: Jessica Goad 720-206-4235

The Colorado state Senate just passed HB 1227, a bill to extend a successful energy efficiency program, on a 21-14 vote. The state House has already passed the bill, so it is going to Governor Hickenlooper’s desk.

Theresa Conley, Advocacy Director at Conservation Colorado, made the following statement:

This is an important win for Colorado. Energy efficiency programs have been wildly successful in our state, having saved consumers money and helped our environment. Despite misleading information that this bill would cost ratepayers money, its passage demonstrates that bipartisanship can be found on energy issues. We thank Senators Priola and Fenberg, as well as Representatives Winter and Lawrence, for their teamwork and for their commitment to Colorado’s consumers and our environment.

Colorado has long been a bipartisan leader in energy efficiency policies. Energy efficiency saves money for families and businesses and reduces air pollution. A Colorado bill passed in 2007 created the Energy Efficiency Resources Standard, which requires energy savings goals for utility companies, providing incentives for implementation of energy efficiency programs. This program is set to expire in 2018, and HB 1227 extends it through 2028.

Since its implementation in 2009, the EERS has created over 40,000 jobs, avoided 1.85 million metric tons of pollution, and saved Colorado consumers and businesses over $1.3 billion in utility costs. HB 1227 ensures the continuation of programs that help Colorado consumers and business save money, support existing jobs, create new jobs, and benefit our environment.

Contact: Jessica Goad, 720-206-4235

Highlights include dozens of events across the state, eight special beers, appearances by elected officials

Conservation Colorado and its partners have announced plans for celebrating the first-annual Colorado Public Lands Day, which will occur on Saturday, May 20th.

Ninety-five events are currently planned across the state, with more being added weekly. A map of all events can be found here, and highlights include:

  • “Governor Hickenlooper Celebrates Colorado Public Lands Day,” Grand Junction Off-Road Bike Race main stage, 12:00 PM, Grand Junction
  • The Future of Public Lands” featuring U.S. Congressman Ed Perlmutter and the band Elephant Revival, American Mountaineering Center, 5:00 PM, Golden
  • Events in Denver’s urban parks including Montbello Day of Beauty, 10:00 AM, and BBQ at Silverman Park, 12:00 PM
  • Party and live music, Powerhouse Science Center, 6:00 PM, Durango
  • Celebration featuring Colorado Public Lands Day architect state Senator Kerry Donovan, High Alpine Brewery, 5:00 PM, Gunnison

Eight special beers are being brewed by Colorado breweries to celebrate various aspects of public lands. Broken Compass’ spruce tip IPA, for example, pays homage to the mountains of Breckenridge, while Kannah Creek Brewing Company’s “Monument Irish Red” honors Colorado National Monument.

In addition, renowned Colorado-based band Elephant Revival is sponsoring a public lands trail cleanup on May 12th. The band has been dubbed the “official sound” of Colorado Public Lands Day 2017, and is hosting a contest to win free tickets to their show at Red Rocks on Sunday, May 21st, for anyone who helps promote Colorado Public Lands Day.

In May 2016 Colorado became the first state in the nation to establish a holiday recognizing the value of public lands to our state. The bill passed with bipartisan support and was signed into law by Governor Hickenlooper. Colorado Public Lands Day will occur on the third Saturday in May each year.

More information about all of the events can be found at copubliclandsday.com.

Contact: Jessica Goad, 720-206-4235

News is breaking that the tragic accident in Firestone, where two people were killed in a home explosion, was caused by natural gas leaking from a cut flow line.

Here is a reaction from Pete Maysmith, Executive Director of Conservation Colorado:

The Firestone tragedy is the most recent– and heart-breaking– wake-up call that oil and gas exploration is a dangerous, heavy industrial activity that must be kept away from homes and schools. For years, communities across the state have raised concerns about the perils of siting homes and oil and gas facilities near each other, but these cries for change have fallen upon deaf ears. We have been left with empty promises from the oil and gas industry and tragedies such as this.

Our elected officials must act with great urgency to strengthen the rules and laws governing oil and gas drilling. This means taking any action necessary to put the burden of proof for showing that drilling is safe onto the industry, not onto concerned community members.

Moving forward, the COGCC must take decisive action and not allow any oil and gas activity unless it is proven to be safe to human health and our air and water. The fact that the commission is even considering appealing a court decision applying this standard is shocking.

A few items of interest regarding the state of play of oil and gas drilling in Colorado:
– In a case (Martinez v. Colorado Oil and Gas Conservation Commission) decided in mid-March, the Colorado Court of Appeals determined that protection of public health and the environment is “a condition that must be fulfilled” before the commission can issue permits. In its meeting yesterday, the commission noted that it is “still deciding whether to pursue an appeal to the Colorado Supreme Court.”
– The state Senate Agriculture and Natural Resources Committee, supported and encouraged by the oil and gas industry, recently voted down a simple, clarifying bill that would keep oil and gas well 1,000′ from school property, not just school buildings themselves.
– Oil and gas development is coming soon to even more suburban neighborhoods, as seen in maps of Adams and Arapahoe Counties.

Around the country, over 300,000 people participated in more than 370 marches. In Denver, although the weather forecasted a foot of snow, more than 5,000 people joined the march to show that Coloradans want action to address climate change.

Missed out on the march last weekend? Don’t worry, here are some of the best signs from the day that demonstrate how witty, dedicated and passionate the thousands of Coloradans who attended are about climate action and environmental justice.

1. “There are no jobs on a dead planet”

Will McKay / McKay Photography

 

2. “March Now or Swim Later” and “YOLO Earth! (You Only Live on Earth)”

Skyelar Habberfield / Skyelar Marcus Photography

 

3. “Dare to Care for our Air President Billionaire”

Skyelar Habberfield / Skyelar Marcus Photography

 

4. “Defend, Not Defund”

Skyelar Habberfield / Skyelar Marcus Photography

 

5. “Resist Bigly”

Will McKay / McKay Photography

 

6. “Make the Earth Cool Again”

Christian O’Rourke / O’Rourke Photography

 

7. “Heed the Lorax, Save the Planet”

Will McKay / Will McKay Photography

 

8. “Wake Up!”

Christian O’Rourke / O’Rourke Photography

 

9. “People and Planet Over Petroleum and Profit”

Alejandro Silva

 

10. “We Can Fix This”

Skyelar Habberfield / Skyelar Marcus Photography

Last updated: 5/30/2017

Update 5/2/17 3pm: The Denver Post has reported that the fatal Firestone home explosion was the result of a cut supply line running from the nearby gas well. The cut seeped volatile gas into the home that ignited and caused the explosion.

News broke last week that a home explosion in which two people were killed and two were injured may have been caused by an oil and gas well that was located just 178 feet from the home. The news has caused two of Colorado’s top 10 oil and gas companies to temporarily shut down wells in the area.

Whether or not the investigation ultimately determines that a well was the cause, the tragedy is a grim reminder that oil and gas drilling is a dangerous industrial activity. Indeed, there have been several other recent disasters in Colorado caused by oil and gas drilling. Below we take a look at five that have occurred just within the last eight years.

The bottom line is this: there is mounting evidence that oil and gas extraction is dangerous activity, not only for the workers themselves, but also for those in close proximity to facilities. Colorado residents shouldn’t have to fear for their lives on a daily basis, worrying that a well or storage tank less than 500 feet from their home that they’ve been assured is safe is actually a danger to their health, well-being and maybe even their life. We cannot allow oil and gas drilling to take place near homes, schools, and other community buildings.

Oil and gas development isn’t slowing down or going anywhere anytime soon. Particularly in the Front Range, new leases and well pads with unprecedented numbers of wells are being approved within areas that are primarily residential, as seen in these maps of Adams and Arapahoe counties. If we are to prevent future tragic accidents, we must protect not just the areas that are already threatened, but those that face possible development in the months and years to come.

Whether the industry is at fault for the Firestone home explosion or not, this is a wake up call that the safety measures we have in place now are simply not good enough. We’ve long said that the burden of proof for proving that drilling is safe must be on the oil and gas industry. One example of a step the industry can take in response to this tragedy is to agree to a commonsense bill that set oil and gas wells further back from school property, which was voted down by a state Senate committee just a few weeks ago after strong opposition from the industry.

1. Tank Explosion, Mead, May 2017

Anadarko Petroleum Corporation

One person died and three were injured on Thursday, May 25th in an oil tank fire in Weld County. Workers were doing maintenance on an Anadarko oil tank battery when the fire sparked and caused the tank to explode.

2. Hudson Blowout, Weld County, January 2017

Anadarko Petroleum Corporation

A well blowout caused 28,000 gallons of oil, gas, and drilling waste water to gush from a damaged well over a period of three days. It shut down roads, and the effects were seen as far as 2,000 feet away from the site of the accident.

3. Legacy Elementary School, Frederick, April 2014

Unknown Operator

A storage tank exploded approximately 1,800 feet away from the elementary school and caused all students and teachers to shelter in place. Luckily, no one was injured.

The explosion that occurred just 1,800 feet away from an elementary school in 2014.

 

4. Windsor, February 2013

PDC Energy

A technical failure caused a valve to break and gush oil and green-colored flowback fluid for 30 hours before it was stopped. The spill was contained so that it did not affect nearby residential areas.

5. Ault, June 2013

Noble Energy

A worker failed to open a valve properly which resulted in the backup and eventual release of crude oil over 150,000 square feet of an organic farm. The farm had to scrape away and replace the contaminated soil. There were no reported injuries.

6. De BeQue, Colorado 2009

Unknown Operator

A spring used as a water source at a cabin in Western Colorado was contaminated with BTEX, a carcinogenic combination of benzene, toluene, xylene and ethylbenzene. The owner of the cabin drank multiple cups of the water before he realized it was contaminated. A tested sample of the spring water contained 100 micrograms per liter of BTEX. Five micrograms is the safety threshold for groundwater. A toxicologist with the oil and gas commission told him to get continued blood tests to check for liver or kidney damage. Because his spring is located within 3,000 feet of 18 wells and multiple other oil and gas activities, the exact cause of the contamination is unknown.