By Max R. Weller
Read Judge tosses out Lafayette’s voter-approved fracking ban in the Daily Camera. Quoting from the report below:
A Boulder District Court judge on Wednesday issued a ruling tossing out the charter amendment passed by Lafayette voters in November banning fracking in that city.
Judge D. D. Mallard made the decision in a case brought by the Colorado Oil and Gas Association against the city of Lafayette.
“The Court finds the Charter Amendment banning drilling is invalid as preempted by the Colorado Oil and Gas Conservation Act,” Mallard ruled. “Accordingly, the Court grants summary judgment in favor of COGA and against the City of Lafayette.”
The decision in the Lafayette case follows on the heels of Mallard’s ruling July 24 that struck down a 2012 voter-approved fracking ban in Longmont. The Longmont City Council voted 7-0 in favor of appealing that ruling Tuesday night. The case will now proceed to the Colorado Court of Appeals.
Additionally, earlier this month, Larimer District Judge Gregory Lammons upheld COGA’s request for summary judgment to dismiss a five-year fracking ban in Fort Collins.
A prepared statement Wednesday from Tisha Schuller, president of COGA, said: “For the third time in a month, a Colorado district judge has ruled that a local ban on fracking clearly violates state law. Today’s ruling was unequivocal, with Judge D.D. Mallard saying the operational conflict between the state’s robust framework of regulations and local bans is ‘obvious and patent on its face.’
“I couldn’t agree more, and I hope her ruling ends the activist effort to pass illegal bans against energy development. The Court clearly stated that ‘Lafayette does not have the authority, in a matter of mixed state and local concern, to negate the authority of the State. It does not have the authority to prohibit what the state authorizes and permits.'”
I’m always pleased to see the rule of law triumph over hysteria.
Also see Police seek witnesses after woman assaulted on Boulder Creek Path in the DC. Round up the usual suspects!
“Look, officer, if the b**** was on our turf she deserves to get punched in the head!”
E-mail your concerns about the transients to firstname.lastname@example.org and email@example.com — and demand that public safety be given priority over the care and feeding of bums from Denver and elsewhere!
Great double rainbow yesterday evening from around 6:40 until after 7PM, when I retired to my burrow in north Boulder:
Facebook photo (view from Boulder Public Library at 1001 Arapahoe)
Survey: Americans’ pessimism on economy has grown from the Associated Press via the Denver Post shows that not everyone is drinking the Obama Kool-Aid these days:
Tonight at my campsite: cheese sandwiches and V-8 juice.