Colorado Supreme Court COGCC v. Martinez No. 17SC297, 2019 CO 3
On January 14, 2019, the Colorado Supreme Court overturned a Colorado Court of Appeals ruling, and issued a unanimous decision that the Colorado Oil and Gas Conservation Commission (COGCC) properly declined to engage in rulemaking to consider the rule proposed by the Martinez group. Martinez proposed a rule that would, among other restrictions, have prohibited the COGCC from issuing any permits to drill a well for oil and gas “unless the best available science demonstrates, and an independent, third- party organization confirms, that drilling can occur in a manner that does not cumulatively, with other actions, impair Colorado’s atmosphere, water, wildlife, and land resources, does not adversely impact human health, and does not contribute to climate change.” The COGCC solicited and received public comment and allowed interested parties to be heard before declining to engage in rulemaking to consider this proposed rule since “(1) the rule would have required the Commission to readjust the balance purportedly crafted by the General Assembly under the Colorado Oil and Gas Conservation Act (the Act) and conditioned new oil and gas drilling on a finding of no cumulative adverse impacts, both of which the Commission believed to be beyond its statutory authority, and (2) the Commission was already working with the Colorado Department of Public Health and Environment (“CDPHE”) to address the concerns to which the rule was directed and other Commission priorities took precedence over the proposed rulemaking at this time.” Under the Act, the COGCC’s duties as a regulatory agency require it to “foster the development of oil and gas resources, protecting and enforcing the rights of owners and producers” and “to prevent and mitigate significant environmental impacts to the extent necessary to protect public health, safety, and welfare, but only after taking into consideration cost-effectiveness and technical feasibility”. The Denver District Court upheld the Commission’s decision; a division of the Court of Appeals reversed the district Court order in a split, published decision.
Martinez v. Colo. Oil & Gas Conservation Comm’n , 2017 COA 37,__P.3d__.
The Colorado Supreme Court reversed the judgment of the division, finding in favor of the COGCC and concluding that the Commission’s decision to decline to engage in rulemaking to consider the Martinez proposed rule was consistent with the applicable provisions of the Act and with the Commission’s authority to decide how best to marshal its resources to carry out its statutory duties. Opinions of the Colorado Supreme Court are available to the public and can be accessed through the Judicial Branch’s homepage at http://www.courts.state. co.us. Opinions are also posted on the Colorado Bar Association’s homepage at http://www.cobar.org.
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G r o w t h T h r o u g h E d u c a t i o n - J a n u a r y / F e b r u a r y / M a r c h 2 0 1 9
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