Couple files lawsuit against Boulder over city’s oil and gas moratorium

A couple who own mineral rights within Boulder is suing the city over its oil and gas moratorium.

John and Valorie Wells, who own the rights to minerals under city-owned land near Boulder Reservoir, are plaintiffs in the lawsuit that alleges that Boulder’s ban on oil and gas development violates the Fifth Amendment’s rule against taking private property without compensation, according to a news release from the Public Trust Institute

emailed late Tuesday. The couple is represented by Dan Burrows, who also serves as the institute’s legal director.

The lawsuit names the city and interim City Manager Chris Meschuk as defendants.

The city adopted an ordinance in June 2013 that prohibits the city manager and city staff from accepting or processing any application for oil and gas exploration permits on open space properties as well as any application for use review involving oil and gas extraction or exploration, according to the city’s website. Council has continued to extend that moratorium, with the latest extension happening in December.

“This ban has deprived mineral owners of their property without just compensation, which violates the United States Constitution. Boulder has effected a ‘taking’ of mineral rights within its city limits and underneath city-owned land, and owes mineral right owners compensation for this taking,” the lawsuit argues. Requests for comment emailed to city officials late Tuesday had not been answered at the time of publication.

Public Trust Institute is a nonprofit organization that, according to its website, aims to “uphold our state’s Constitution and defend the principles of individual freedom and personal responsibility.” The organization is responsible for bringing a successful ethics complaint against former Gov. John Hickenlooper.