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Commentary and Analysis Regarding Colorado Law

Courts Weigh in on Fracking in the West

Cameron Grant
Submitted by Cameron Grant.

Just when you thought you had heard enough about fracking, western courts are getting into the action.  First, the Colorado Supreme Court is set to take up the issue of local v. state control in the case between the City of Longmont and the Colorado Oil and Gas Association.  Next, the Wall Street Journal reports that a federal judge in Wyoming blocked  Interior Department rules setting stricter standards for hydraulic fracturing on public lands, the second set of major regulations from the Obama administration to be faulted in court in as many months.  It seems that we will have some judicial guidance on the fracking issue in the near future.  Stay tuned . . .

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Why am I not Benefiting from all this Oil and Gas Drilling?

Submitted by John Gaddis

Even with the ups and downs of oil prices, the oil and gas boom in Colorado is continuing. However, if you own land that has an existing oil and gas lease but there is no development of the minerals on your property, what do you do? Does a landowner have any recourse to require the lease holder to explore, develop and produce the minerals? Can the landowner seek to cancel the existing lease and negotiate a new one?

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Fracking Ban May Lead to Takings Claims

Submitted by Cameron A. Grant

Recently the Denver Post reported that Boulder County could be liable for $1 billion in petro “takings” if local governments adopt and enforce bans on the drilling practice called fracking.  On June 24th, voters in the City of Loveland rejected a measure that would have extended a moratorium on drilling in the city limits.  Clearly, the issues surrounding oil and gas development in Colorado are heating up.  Sensational claims continue to be made during this energetic election season.  The potential threat of petro takings is one such claim.

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