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ARTICLE · 25 AUGUST 2016

Colorado Supreme Court Determines Cities' Fracking Bans Preempted By State Law

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The City of Longmont completely banned the fracking process within the city's limits; whereas, the City of Fort Collins enacted a five-year moratorium on the fracking process.

United StatesEnvironment
Whitney Jones Roy
Whitney Jones Roy
Alison Kleaver
Alison Kleaver
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City of Longmont v. Colo. Oil and Gas Ass'n, 369 P.3d 573 (Colo. 2016), 2016 Colo. LEXIS 442; City of Fort Collins v. Colo. Oil and Gas Ass'n, 369 P.3d 586 (Colo. 2016), 2016 Colo. LEXIS 443. In two concurrent opinions, the Colorado Supreme Court invalidated two cities' bans on fracking and the storage of fracking wastes within the cities' limits. The city of Longmont (Longmont) completely banned the fracking process within the city's limits; whereas, the city of Fort Collins (Fort Collins) enacted a five-year moratorium on the fracking process. The Colorado Supreme Court held that both bans conflicted with state law in their operational effect and, thus, were preempted by state law.

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