January 30, 2015 11:02 AM UTC

DU Study: State Lax In Enforcing Setback Rules For Drilling

•  
• by: Colorado Pols

A new study from the University of Denver Environmental Law Clinic asserts that "Gov. John Hickenlooper’s administration is approving oil and gas drilling near homes, schools and businesses without following its own regulations." From their joint press release with the Sierra Club yesterday:

The study recommends the Colorado Oil & Gas Commission (COGCC) reject incomplete drilling permit applications, increase and standardize notification of residents near drilling and fracking, improve online information access and base setback requirements on science and necessary precautions to protect public health and environment.  
 
“The COGCC has a job to do, which is to implement strong regulations and enforce those regulations to protect public health, safety and the environment. When it comes to drilling and fracking near communities, citizens and local government are the ones living with the impacts and their voices need to be ones that are given the most weight in the process,” said Catherine Collentine of the Sierra Club.
 
Colorado regulations, in effect since August, 2013, require pads with multiple oil and gas wells located within 1,000 feet from homes, schools and businesses be placed “as far as possible” from those buildings. The governor and COGCC promised increased enforcement of the regulation last fall, but the analysis found no evidence of additional rigor in permit reviews. [Pols emphasis]
 
Student attorneys at DU Environmental Law Clinic conducted a legal review of 1300 permits issued since August, 2013 and discovered 181 were granted, despite incomplete documentation. Those 181 permits accounted for an immense amount of development: 951 wells, 1221 tanks and 932 separators. Most of the 181 permits for oil and gas wells are located in Weld County – others originated in Adams, Garfield, Larimer and La Plata Counties…
 
“We hope that our analysis will help inform the COGCC as it works to meet its goal of protecting the health and safety of all Coloradoans,” said Lauren Bushong, student attorney with DU’s Environmental Law Clinic. “If followed, our recommendations should allow for greater, and more meaningful, public participation in the permitting process.” 

Read the details of DU's study here. The commission tasked with coming up with legislative proposals to improve local control of oil and gas drilling, which resulted form last year's compromise between proponents of ballot initiatives for that purpose and Gov. John Hickenlooper, is set to deliver their report next month. Should the local control commission not produce a satisfactory result in the legislature, it's likely there will be major combat at the ballot box in 2016 over initiatives to enhance local control and/or further regulate drilling at the state level.

You'll recall that one of the ballot measures last year was to increase setbacks for drilling from existing development.

The principal argument made by supporters of the oil and gas industry in Colorado is that the state "already has" strict regulations on drilling. Obviously, the central claim of this study–that the Colorado Oil and Gas Commission (COGCC) under Gov. Hickenlooper is not properly enforcing drilling regulations as they exist today–does not inspire confidence in their willingness to enforce stronger protections. But this is information that the legislature and (if necessary) the voting public needs to know.