The Denver Post

Two groups sue city of Thornton over new rules

- By John Aguilar

Fresh from passing a series of tough oil and gas regulation­s this past summer, Thornton was sued by two industry groups this week on the grounds that the city’s new rules illegally conflict with state laws regarding energy extraction.

The Colorado Oil and Gas Associatio­n, in partnershi­p with the American Petroleum Institute, filed the challenge in Adams County District Court on Tuesday.

The suit comes six weeks after the Thornton City Council approved a set of rules that exceed what the Colorado Oil and Gas Conservati­on Commission requires of oil and gas firms, including the establishm­ent of a 750-foot buffer between wells and homes and toughertha­n-state-limits on abandoned flowlines.

Dan Haley, president and CEO of the state oil and gas associatio­n, said in a statement that his organizati­on “submitted multiple letters” to the city “articulati­ng serious legal concerns with Thornton’s proposed regulation­s, particular­ly regarding operationa­l pre-emption.”

“Those concerns were ignored, making it necessary to challenge Thornton’s regulation­s in court,” Haley said.

A spokesman for Thornton said the city has not yet been served with the complaint and had no comment Wednesday.

The legal challenge was expected and mirrors action it has taken against attempts to ban drilling in communitie­s in Denver’s northern suburbs over the last few years. The COGCC had warned the city in a letter that many of its proposed rules illegally pre-empt state law.

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