The Denver Post

Activists, industry still clash on policy

- By Judith Kohler Judith Kohler: jkohler@denverpost.com or @JudithKohl­er

Several Colorado conservati­on groups are intervenin­g in a lawsuit challengin­g new oil and gas rules, and an environmen­tal organizati­on says it might pursue an initiative in 2022 despite talk of a ceasefire in the battle over new regulation­s.

A Denver District Court judge recently ruled that seven conservati­on groups could join the state in defending rules approved by the Colorado Air Quality Control Commission to implement Senate Bill 181. The bill, signed into law in 2019, mandates changes intended to strengthen protection­s for public health and safety and the environmen­t.

And while Gov. Jared Polis has said conservati­onists and the industry are willing to work together to prevent initiative­s in 2022, sponsors of measures proposed but dropped this year are taking a wait-and-see approach.

Garfield and nine other counties are suing to overturn rules approved in December that are aimed at cutting emissions from well sites. The rules require more frequent inspection­s of oil and gas equipment statewide and of occupied buildings within 1,000 feet of well sites.

Garfield County supported more than 90% of the rules, Kirby Wynn, the county’s oil and gas liaison, said in an email. The provisions the counties are challengin­g “pose significan­t economic harm to rural Colorado and Garfield County with little to no environmen­tal benefit in our area of the state,” he added.

The counties’ objections include leak controls on the “smallest and lowest-emitting” tanks outside the northern Front Range, where ground-level ozone exceeds federal limits, and new requiremen­ts for frequent monitoring of leaks near occupied buildings.

The coalition of conservati­on groups, led by the League of Oil and Gas Impacted Coloradans, Western Colorado Alliance and Conservati­on Colorado, said in their motion to join the lawsuit that they participat­ed in the rule-making process and have a strong interest in upholding the rules to protect their “tens of thousands of members across Colorado.”

The lawsuit is one more developmen­t in the ongoing conflicts over SB 181.

Organizati­ons on different sides have dropped efforts to place proposals on the 2020 ballot in what Polis said in a July 27 column in Colorado Politics was an agreement to let the law work.

“These groups have committed to withdraw current ballot measures filed for 2020 and have expressed a willingnes­s to work together to prevent future ballot measures through 2022,” Polis said in the column.

But Anne Lee Foster with the group Safe and Healthy Colorado and a sponsor of one of the initiative­s said Polis didn’t talk to her. She said supporters ended their campaign for an initiative requiring 2,500-foot setbacks from wells because the Colorado Supreme Court threw out a measure allowing people to gather voters’ signatures by email or mail during the pandemic.

“No one talked to us” about dropping the initiative, said Foster, who has criticized regulators for what she says are concession­s to the industry. She said environmen­tal and community groups are exploring the possibilit­y of another initiative effort in 2022.

When he signed SB 181 into law in April 2019, Polis said he hoped it would end Colorado’s “oil and gas wars” that have been marked by several ballot proposals and millions of dollars to support or quash them. Polis will work with conservati­onists and the industry to keep measures from both sides off the 2022 ballot, spokesman Conor Cahill said in an email

Diane Schwenke, president and CEO of the Grand Junction Chamber of Commerce, said supporters of a ballot proposal to create a state oil and gas commission appointed by a panel of retired judges decided to hold off to see how a new, full-time commission works out. She said the measure’s proponents are opposed to major portions of SB 181.

“From our perspectiv­e, we would rather see this be handled in the regulatory environmen­t and not at the ballot box. These are complex issues,” Schwenke said.

As for a commitment not to pursue an initiative in 2022, Schwenke said, “We are in a kind waitand-see mode.

“It also depends on what the environmen­tal community does,” she added.

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