Seven conservation groups with thousands of members across Colorado have jointly filed motions to intervene in two lawsuits that are challenging recently adopted air quality protections from oil and gas development in residential areas, schools, parks and playgrounds. 

The conservation coalition led by Western Colorado Alliance, League of Oil & Gas Impacted Coloradans (LOGIC) and Conservation Colorado is seeking to defend strong new air quality regulations being challenged in Denver District Court by Weld County and separately by a group of ten rural counties led and funded by Garfield County. The lawsuits against the Colorado Department of Public Health and Environment challenge neighborhood protections and other new rules designed to improve reduce ozone levels and cut greenhouse emissions across the state. 

“We are getting involved with these lawsuits because our own Garfield County Commissioners are suing to take away hard-earned protections for people like me and my neighbors in Battlement Mesa,” said Dave Devanney, chairman of Battlement Concerned Citizens.

Battlement Concerned Citizens is a community group supported by Western Colorado Alliance (WCA), a grassroots organization based in Grand Junction that is dedicated to creating healthy, just and self-reliant communities in Western Colorado. Sierra Club, Citizens For A Healthy Community, San Juan Citizens Alliance, and Earthworks have joined WCA, LOGIC and Conservation Colorado in the motions to intervene.

“We are the people who are directly affected by Garfield County’s attempt to undermine public health,” Devanney said. 

Proximity rule at heart of motions

In their lawsuits, the Garfield County coalition and Weld county allege that air quality protections adopted in December 2019 by the Air Quality Control Commission, which is part of the Colorado Department of Public Health and Environment, are too onerous on the oil and gas industry, including a new “proximity rule” that was introduced through the rulemaking process by WCA, Rifle-based Grand Valley Citizens Alliance and LOGIC. 

The proximity rule requires for the first time that energy companies conduct more frequent inspections of wells and other facilities located within 1,000 feet of “occupied areas” including homes, neighborhoods, parks and playgrounds, schools and business districts. 

“If Garfield County and the state are going to allow oil and gas development so close to homes, the least they can do is ensure it is safe and not leaking hazardous fumes,” Battlement Mesa resident Bonnie Smeltzer said in her May 14 declaration for the court. 

The two lawsuits allege that the proximity rule deliberations and analysis did not follow state law. As authors of the rule, WCA and LOGIC argue that they are uniquely positioned to defend it. Between them, they been working consistently over the years to create greater protections from noxious gases generated by oil and gas development near neighborhoods. Adoption of a new rule doing just that is a long sought victory. 

“LOGIC and WCA prepared rule language, a statement of basis and purpose, memorandum of notice, and an economic impact analysis, as required in the rulemaking process,” said Emily Hornback, executive director of Western Colorado Alliance, in her May 18 declaration for the court. 

“The Air Quality Control Commission unanimously supported the requirement to increase inspection near homes, playgrounds, and parks,” Hornback said. “We think that is due to the strength of our proposal, and supporting information in the Colorado Department of Public Health and Environment Health Risk Assessment.”

Multiple rules under attack

If their motions are granted, the conservation groups will be defending other new rules that are also being challenged by Weld and the Garfield county coalition. 

“At a time when dollars are tight and public health is top of mind it’s unconscionable that Garfield and Weld County would use taxpayer funds on a lawsuit to weaken public health and safety rules,” said Kelly Nordini, executive director of Conservation Colorado.

 “Even the oil and gas industry is not suing,” Nordini continued. “Coloradans expect their leaders to reduce pollution and protect public health, not waste taxpayer money.” 

In addition to challenging the proximity rule, the lawsuits take on three other new rules designed to reduce methane and ozone emissions: 

• a reduction in the emissions threshold for storage tanks, 
• increased testing requirements for all wells and tanks, including largely unregulated low-producing wells; 
• new rules designed to reduce emissions when oil and gas are transferred to trucks for transport. 

The broad coalition of conservation organizations working together is indicative of the importance of statewide application of oil and gas rules and regulations. Until the Air Quality Control Commission adopted the new rules last December, rural areas in Weld County, the Eastern Plains and West Slope had lower standards of protection than the urban-suburban corridor between Denver and Greeley, where ozone levels exceed federal health and safety standards. 

“Many Coloradoans have felt air quality impacts from oil and gas development in their parks and homes,” said Andrew Forkes-Gudmundson, LOGIC’s deputy director. “We to make sure that the strong rules adopted at the end of last year by the Air Quality Control Commission remain in effect so we are protected.”