The Colorado Oil and Gas Conservation Commission (COGCC) asked the Colorado Supreme Court to review an intermediate appellate court’s decision holding that COGCC had wrongly denied a rulemaking petition on the grounds that the requested COGCC to take action outside its statutory authority. The rulemaking petition, which was submitted by a group of young people, sought to bar issuance of permits for oil and gas drilling unless best available science demonstrated that there would not be adverse impacts to the environment or human health or a contribution to climate change. COGCC said that the appellate court’s interpretation of the Oil and Gas Conservation Act improperly required the agency to prioritize environmental concerns over other policy considerations that the Act required COGCC to take into account. COGCC said this “novel interpretation” conflicted with Supreme Court and other appellate court precedent, was at odds with the Act’s actual language, and implicitly endorsed the public trust doctrine, which had not been adopted in Colorado. The particular issue COGCC asked the court to consider was whether, “[w]hen the Commission engages in rulemaking, is it permitted to disregard the Act’s policy of fostering oil and gas development in Colorado?” COGCC and the Colorado Attorney General decided to pursue the appeal despite objections by Governor John W. Hickenlooper.

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 Oil and Gas Conservation Commission Sought Colorado Supreme Court Review of Appellate Division That Reversed Denial of Youth Activists’ Rulemaking Petition

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Colorado Oil and Gas Conservation Commission Sought Colorado Supreme Court Review of Appellate Division That Reversed Denial of Youth Activists’ Rulemaking Petition

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