Judge rules against Extraction in noise violation case

Extraction Oil & Gas, Inc. was found guilty on seven citations for violating Broomfield’s noise ordinance, the City and County of Broomfield announced Thursday.

City and County Attorney Shaun Sullivan said Associate Judge Steven Fisher ruled from the bench late Wednesday afternoon.

After a day- and- a- half- long trial, the Broomfield Municipal

Court found Extraction Oil and Gas, Inc. guilty of failing to submit a noise modeling study as required by the ordinance, according to a city news release.

In January, Broomfield City Council adopted an emergency noise ordinance that required industrial uses located outside of industrial zoning districts to limit operations to daytime hours, or to submit a noise modeling study that showed they could meet residential noise standards at the boundary line of the nearest adjacent residential zone district, according to the release.

Extraction declined to submit the noise modeling study, prompting Broomfield to issue citations in February when the Denverbased oil and gas company continued to operate at night.

Broomfield officials hope that Extraction will now take steps to comply with the ordinance, according to the release.

“Broomfield’s noise ordinance is important to preserving the peace and health of our residents,” Sullivan said.

“We hope that now Extraction will perform the necessary studies to evaluate the issue and propose additional measures to mitigate the noise caused by its operations.”

The court levied a $ 300 fine plus $ 50 fees and court costs for each of the seven violations, Sullivan said. Extraction intends to appeal and the sentence has been stayed pending appeal.

Had Extraction pleaded guilty and let the judge set the fine it could have ranged from zero to $ 2,500.

The company’s next bankruptcy disclosure hearing, which is being handled out of a Delaware bankruptcy court, was moved from Oct. 2 to Nov. 2.

During the trial Extraction moved for acquittal after the city and county presented its case, according to the city’s Oct. 7 Oil and Gas Data Snapshot. The judge denied the motion and Extraction presented its case Wednesday afternoon.