This week, Battlement Concerned Citizens and Grand Valley Citizens Alliance brought suit against the Colorado Oil and Gas Conservation Commission in Denver District Court to request the court intervene on the controversial “A Pad” proposed by Ursa Resources within the retirement community of Battlement Mesa.

“We have maintained for years that A Pad presents a significant hazard to the entire Battlement Mesa community. We have tried every avenue open to us to challenge this proposal, but the Colorado Oil and Gas Commission has given us no other option than to bring the matter before the courts,” said Dave Devanney, Chairman of Battlement Concerned Citizens.

“By approving the A Pad, the COGCC has continued to prioritize oil and gas profits over Colorado residents’ public health and quality of life. A Pad will bring hazards that will plague our community for many years to come, in addition to adding to the cumulative impacts we already feel on a daily basis from the hundreds of wells in and outside of our community. This is unacceptable and we believe the courts will agree if they take a closer look at this proposal,” continued Devanney.

Possibly the most dangerous proposal in the state, A Pad is part of the Ursa’s Phase 2 development that will bring in an additional 24 wells, a toxic wastewater injection well, and tanks close to Battlement Mesa homes, the water treatment plant, and the Colorado River. There have been numerous complaints about unpleasant and potentially hazardous odors, traffic, and noise during the first phase of development already underway in the community. Ursa has also recently reported a spill resulting from an overturned truck within the community.

This action comes weeks after Leslie Robinson, Chairperson of GVCA, traveled to Denver to make an in-person request before the COGCC for a hearing on the matter. After discussion, the COGCC did not grant the hearing request.

“It is clear that the COGCC is broken,” said Robinson. “Impacted residents do not have a voice before this decision making body so we are forced to take other actions to be heard. By approving A Pad, the COGCC is sending a clear message to other Colorado communities that it is ‘business as usual’ and neighborhoods across the state are still defenseless in the face of oil and gas interests.”

The suit specifically states that the COGCC’s approval violated state law and the agency’s rules.  BCC and GVCA assert, among other things, that the COGCC failed to meaningfully consider concerns raised in public comments and alternative locations for the A Pad outside of the community; failed to ensure that the pad and production facilities are located as far away from homes as possible; and that the Commission misconstrued its authority when it decided not to hold a hearing to reconsider its staff’s decision to approve the permit.

BCC and GVCA ask the Court to set aside the approval of the A Pad location and remand the application back to the COGCC for a decision consistent with the ruling of the Court.

You can read the actual complaint here.