Supreme Court of Colorado Confirms that Local Governments Cannot Ban Hydraulic Fracturing

From May to August, I was preoccupied with bar examination (Pennsylvania) and wedding preparation. That’s no excuse, however, not to mention two of this year’s most important shale law decisions. In the twin decisions inĀ City of Longmont v. Colorado Oil and Gas Assoc. and City of Fort Collins v. Colorado Oil and Gas Assoc., the Supreme Court of Colorado held that Colorado state law preempts local government regulation of hydraulic fracturing. In doing so, the Supreme Court of Colorado effectively confirmed what it had held 24 years earlier in the context of the City of Greeley’s city-limits drilling ban. See Voss v. Lundvall Bros., 830 P.2d 1061 (Colo. 1992). Continue reading