Yesterday in two parallel decisions, the Colorado Supreme Court struck down the Longmont ordinance banning fracking and the Fort Collins five year Moratoria on oil and gas development. These decisions are very helpful in that, like New Mexico, the Colorado General Assembly has not expressly preempted local authorities from enacting ordinances that affect development. However, the court held that since the Colorado Oil and Gas Conservation Act is so expansive and specific as to the regulations pertaining to oil and gas development, that there is an ‘operational’ conflict.

As you know, IPANM has been at the forefront of the discussions regarding preemption. We were plaintiffs against Mora County when they enacted their ordinance in 2011. US District Court Judge Browning agreed with IPANM that the Mora County Ordinance was unconstitutional. IPANM has drafted and aggressively lobbied legislation to clarify the preemption issue in New Mexico and we successfully got the bill passed through the House. Many thanks to Representative Nate Gentry for sponsoring that bill. IPANM has also worked closely with NMOGA on their version of a preemption bill that was sponsored by Senator Stewart Ingle. IPANM has testified before several County Commissions, including the Sandoval County Commission in support of development within that county. We will continue to work with the Sandoval County Commission and the Planning and Zoning staff to push back against a moratorium or an ordinance that mirrors that of San Miguel County. With decisions on the preemption issue coming down all over the country, it is my hope that in New Mexico that we can continue the discussion with the legislature, our regulators and the public.

A copy of the decision is linked for your review.