Reversing an intermediate appellate court, the Colorado Supreme Court ruled that the Colorado Oil and Gas Conservation Commission (COGCC) properly declined to consider a rule proposed by youth activists that would have precluded COGCC from issuing permits for drilling oil and gas wells “unless the best available science demonstrates, and an independent, third-party organization confirms, that drilling can occur in a manner that does not cumulatively, with other actions, impair Colorado’s atmosphere, water, wildlife, and land resources, does not adversely impact human health, and does not contribute to climate change.” First, the Supreme Court noted that its review of agency decisions regarding whether to engage in rulemaking was “limited and highly deferential.” Second, the court concluded that COGCC had correctly determined that the Colorado Oil and Gas Conservation Act did not allow COGCC to condition new oil and development on the absence of cumulative adverse public health and environmental impacts. Third, the Supreme Court found that COGCC reasonably relied on the facts that it was already working with the Colorado Department of Public Health and Environment to address the concerns to which the rulemaking petition was directed and that other COGCC priorities took precedent over the rulemaking requested by the youth activists.

Rulemaking petition and subsequent litigation seeking to require Colorado Oil and Gas Conservation Commission to deny drilling permits unless they would not adversely impact human health and the environment or contribute to climate change.

Colorado Oil & Gas Conservation Commission v. Martinez

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Colorado High Court Said Agency Properly Turned Down Youth Activists’ Rulemaking Petition

Filed

United States of America

Colorado

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