By Garrett Garner-Wells
Seven conservation and community groups with tens of thousands of members across Colorado hailed a court ruling yesterday dismissing a case by Weld County as a win for public health and the climate.
Denver District Court Chief Judge Michael A. Martinez granted a motion by the state of Colorado to dismiss Weld County’s lawsuit against the Air Quality Control Commission (AQCC) and the Colorado Department of Public Health and Environment. The county had sought to overturn new air quality rules for oil and gas development adopted by the AQCC in December 2019. They were the first air quality rules adopted under Senate Bill 181, which mandates reductions in ozone-forming pollutants and methane emissions from oil and gas development.
“This is good news for all Coloradans living next to oil and gas development. We have been working for decades to ensure basic protections for air quality and public health and are discouraged that some local governments are wasting taxpayer money trying to fight something as simple as inspecting for leaks. We all deserve to breathe clean air regardless of where we live and it’s only common sense to inspect oil and gas facilities more than once a year if they are built next to where people live, work and play.”
— Emily Hornback, Executive Director at Western Colorado Alliance
The seven conservation and community groups include Western Colorado Alliance (WCA), League of Oil & Gas Impacted Communities (LOGIC), Conservation Colorado, Earthworks, the Sierra Club, Citizens for a Healthy Community and the San Juan Citizens Alliance. They had intervened in the case in support of the state and in defense of the rules they helped pass in December.
“We are pleased that Colorado’s strong new air pollution rules remain in effect to protect southwest Colorado’s air quality and our community’s health. As one of the state’s primary oil and gas producing regions, it is critical we keep the protections afforded by these rules.”
— Mark Pearson, Executive Director of San Juan Citizens Alliance
The court’s decision allows the new air quality protections to take effect statewide, including one proposed by three local community organizations (LOGIC, WCA and the Grand Valley Citizens Alliance) and adopted unanimously by the AQCC that requires energy companies to inspect wells, tanks and other infrastructure for leaks more frequently within 1,000 feet of homes, schools, parks and other occupied areas.
“This decision is a victory for citizens groups and the State in their efforts to enact stronger air quality regulations that protect all Coloradans. It should send a signal to Weld County and other similarly minded counties to stop using taxpayer dollars to undermine strong public health protections.”
— Natasha Leger, Executive Director of Citizens for a Healthy Community
Judge Martinez’s decision is a win for people who live near wells and other oil and gas infrastructure. Coloradans statewide will benefit from reduced ozone emissions. And the state will also remain a leader in lowering methane emissions, one of the most potent greenhouse gases.