Today, the Colorado Supreme Court released its ruling on Martinez vs. Colorado Oil & Gas Conservation Commission, retaining the status quo of an under-regulated industry.
In response, Kelly Nordini, executive director of Conservation Colorado, released the following statement:
“For too long, Coloradans asking for stronger health and safety protections have lost at the legislature, the Colorado Oil and Gas Conservation Commission, and in the courts. That needs to change.
“Today’s Martinez decision is yet another reminder that we need to tilt the balance back in favor of Coloradans’ health and safety. With a new administration in place, we look forward to working with Governor Polis, the Colorado Oil and Gas Conservation Commission, and legislative leaders to reform this broken system and put our communities first.”
Background on the Case
In 2013, Xiuhtezcatl Martinez and several other young Coloradans asked the Colorado Oil and Gas Conservation Commission (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. Today, the Colorado Supreme Court issued a ruling overturning the appeal and siding with the COGCC.
