HomeMy WebLinkAboutEmail - Read Before Packet - 1/2/2018 - Email From Carrie Daggett To Ordinance No. 175, 2017 As Related To Martinez Vs. Cogcc Ruling - Agenda Item #4From: Mary Donaldson
To: Sarah Kane
Subject: FW: Ordinance No. 175, 2017 as Related to Martinez vs. COGCC Ruling?
Date: Tuesday, January 2, 2018 4:06:16 PM
Here is a public email for tonight’s packet. I am making copies now and will bring them up shortly.
Mary
Mary Donaldson
Executive Legal Administrative Assistant
mdonaldson@fcgov.com
Desk number: 970.416.2498
Main number: 970.221.6520
From: Carrie Daggett
Sent: Tuesday, January 02, 2018 4:04 PM
To: Kevin Krause <kevkrause@gmail.com>
Cc: CAO Admin <caoadmin@fcgov.com>; Adrian Krause <adriankkrause@gmail.com>; CCSL
<CCSL@fcgov.com>; Jacqueline Kozak-Thiel <jkozak-thiel@fcgov.com>; Lucinda Smith
<lsmith@fcgov.com>; Cassie Archuleta <carchuleta@fcgov.com>
Subject: RE: Ordinance No. 175, 2017 as Related to Martinez vs. COGCC Ruling?
Mr. Krause,
The provisions of Chapter 12, Article VIII of the Municipal Code of the City of Fort Collins codify a
2013 voter-approved moratorium on hydraulic fracturing (fracking) in Fort Collins. That moratorium
was determined to be preempted by Colorado law (and thus unenforceable) by the Larimer County
District Court in August 2014. The Colorado Supreme Court affirmed the District Court’s action in
May 2016. If you are interested, the pleadings in that litigation from each level of judicial review can
be viewed at the following web address: https://www.fcgov.com/cityattorney/litigation-archive.php
.
In contrast, the case of Martinez v. Colorado Oil and Gas Conservation Commission addressed the
manner in which the State of Colorado, and specifically the Colorado Oil and Gas Conservation
Commission (COGCC), must exercise its rulemaking authority in regulating oil and gas activities, and
whether the COGCC properly denied a petition for rulemaking. While this could have significant
impacts on the regulation of oil and gas, it does not undo the outcome of the litigation regarding the
City’s voter-approved moratorium on fracking.
I hope this is helpful in explaining the difference in these two legal actions and the reason that the
City Council has been asked to adopt Ordinance No. 175, 2017, removing the moratorium provisions
from the City Code.
~Carrie
Carrie Mineart Daggett
City Attorney
Fort Collins City Attorney's Office
300 La Porte Avenue
Fort Collins, CO 80521
970-221-6520
cdaggett@fcgov.com
From: Kevin Krause [mailto:kevkrause@gmail.com]
Sent: Sunday, December 31, 2017 8:21 AM
To: City Leaders <CityLeaders@fcgov.com>
Cc: CAO Admin <caoadmin@fcgov.com>; Adrian Krause <adriankkrause@gmail.com>
Subject: Ordinance No. 175, 2017 as Related to Martinez vs. COGCC Ruling?
City Leaders - Happy New Year to you!
We are reaching out regarding Ordinance No. 175, 2017, "Deleting Chapter 12, Article VIII from the
Code of the City of Fort Collins Regarding Hydraulic Fracturing" as we understand it is coming in for
second reading at the January 2nd City Council meeting but we're unable to attend the session to
provide public comment.
Hopefully a straightforward question, and we've cc'ed the City Attorney's Office here as well here...
How does stripping this language out of our city code relate with The Colorado Appeals Court March
23, 2017 ruling in the Martinez vs. Colorado Oil and Gas Conservation Commission (COGCC) that
health and environment must be protected before permitting oil and gas drilling (“a condition that
must be fulfilled”)? It would seem reasonable to uphold Fort Collins citizens' public health interest,
and the city code that supports it, as the first priority based on this subsequent ruling.
Regards,
Kevin Krause
Adrian Krause, MD
3100 Rockwood Dr.
813 E. Elizabeth St.