Last week we reported that the state of Colorado would not directly sue the town of Longmont to challenge the ban on hydraulic fracturing that town voters enacted in the November election. Colorado Gov. John Hickenlooper did note at the time, though, that his administration would “stand ready to support an energy company that does file a lawsuit in response to the ban”.
It did not take long for such a suit to materialize. As Denver media outlets reported, yesterday the Colorado Oil and Gas Association sued Longmont in Weld County district court. Among other things, the COGA contends in its suit that Longmont’s ban illegally restricts oil & gas drilling, prohibits operations permitted and regulated by pre-empting state law, and prevents private mineral owners from developing their property.