American Oil and Gas Reporter - October 2015 - 22

IndustryDigest
21 that it had accepted cert in the two
cases.
"We look forward to having the
Supreme Court put further clarification
that the ban implemented in Longmont
and that the Fort Collins moratorium are
pre-empted by (state) law and are thus
illegal," responds COGA Director of
Policy and External Affairs Doug
Flanders.
Flanders adds, "However, just like
before, we will continue to do the
difficult and unsexy work of finding
reasonable and workable solutions with
our friends and neighbors throughout
the state."
COGA sued Longmont shortly after
voters approved a ban on hydraulic
fracturing in 2013. The Colorado Oil &
Gas Conservation Commission and
TOP Operating Co. later joined the
lawsuit. Longmont's ban was
overturned by a district court judge who
cited the "operational conflict" doctrine
under which state law pre-empts local
jurisdictions (AOGR, Sept. 2014, pg.
183).

The district court used the same preemption doctrine to uphold COGA's
lawsuit against Fort Collins' five-year
drilling moratorium (AOGR, Sept. 2015,
pg. 16), which also was passed by
voters in 2013.
In its motion to certify the cases
directly to the Supreme Court, the
Colorado Court of Appeals noted that a
portion of Fort Collins' appeal
questioned whether the pre-emption
doctrine applied to a moratorium as
well as to a total ban. The Appeals
Court added that Longmont contended
industry practices had changed so much
since the Supreme Court upheld local
pre-emption in 1992 that the basis for
that ruling was no longer valid.
In City of Greeley v. Lundvall
Brothers Inc., the Colorado Supreme
Court in 1992 found the state's interest
in efficient oil and gas development
overrode Greeley's ban on drilling,
although it did allow some local
regulations, so long as they did not
conflict with state rules (AOGR, Sept.
1992, pg. 22). r

Denton, Tx., And TxOGA
Settle Frac Ban Lawsuit

HOUSTON-A lawsuit by the Texas
Oil & Gas Association challenging the
city of Denton's ban on hydraulic
fracturing has been resolved, according
to attorneys Baker Botts LLP, which
represented TxOGA.
On Aug. 16, Baker Botts says, the
Denton County, Tx., District Court
granted an agreed motion to dismiss
filed by both parties, dismissing all
claims as moot. The law firm points out
that in June, following the Texas
Legislature's passage of HB 40, which
prohibits municipalities from
interfering with oil and gas activities,
the Denton City Council repealed the
frac ban approved by voters in
November 2014.
Baker Botts adds that Denton's
drilling moratorium expired on its own
terms on Aug. 18. Denton initially
established a drilling moratorium in
2012, and extended it in 2013 and again
in 2014 (AOGR, June 2014, pg. 20).

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American Oil and Gas Reporter - October 2015

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