Colorado Supreme Court Rules Against Municipal Laws Limiting Fracking

Cities of Longmont and Fort Collins had passed laws to ban or delay fracking.

ByABC News
May 2, 2016, 1:58 PM
A hydraulic fracturing (fracking) rig is seen in Weld County, Colo., Feb. 4, 2016.
A hydraulic fracturing (fracking) rig is seen in Weld County, Colo., Feb. 4, 2016.
Matthew Staver/Bloomberg/Getty Images

— -- The Colorado Supreme Court ruled today against two cities' attempts to limit fracking, saying the legislation passed by the cities of Longmont and Fort Collins are "invalid and unenforceable" because they conflict with existing state laws.

In 2012, voters in the city of Longmont passed a ban on fracking, while in November 2013, Fort Collins voters passed a five-year moratorium on fracking to give the city time to study health and safety impacts of the process, according to court documents.

The group that challenged Longmont and Fort Collins' rules against fracking, the Colorado Oil and Gas Association, called the court's ruling "a win" for the energy industry and the "people of Colorado who rely on affordable and dependable energy and a strong economy."

"Nearly all wells in Colorado are hydraulically fractured, or fracked, meaning a ban on fracking is a ban on oil and gas development," COGA said in a statement today. "With this legal battle over, we look forward to working with Longmont, Fort Collins and other communities to find a balance that allows for responsible oil and gas development while respecting the rule of law and meeting the needs of local communities."

Fort Collins city attorney Carrie Daggett said it will review the court's decision "carefully and fully to evaluate how it affects the City."

"These issues are complex, and we’ll thoroughly examine the decisions relative to Fort Collins and Longmont," Daggett said. "However, it is clear that the Supreme Court has found that the Fort Collins moratorium on hydraulic fracturing is in operational conflict with Colorado law and is therefore preempted."

Representatives for the City of Longmont or the City of Fort Collins did not immediately respond to ABC News' request for comment.

The supreme court's ruling will have an impact on at least three other Colorado cities that have approved restrictions on fracking, Colorado Public Radio reported.