Boulder County pushes back against forced pooling of county minerals – Nov. 21, 2022
On Nov. 21, 2022, Boulder County filed a motion with the Colorado Oil and Gas Conservation Commission (COGCC) asking it to deny an application from Extraction Oil & Gas, Inc. Extraction filed an application on July 7, asking the COGCC to issue a statutory or “forced pooling” order allowing Extraction to drill oil and gas owned by the county against the county’s wishes.
The motion asks the COGCC to deny the application for two primary reasons. First, forced pooling would cause the county to violate several statutory and constitutional provisions related to county management of property and finances. Second, an existing dispute between the county and Extraction over the validity of numerous oil and gas leases should prevent a forced pooling proceeding from going forward.
Extraction can file a response to the motion on or before December 7 and the county can then file a reply on December 14. The forced pooling matter is currently set for a hearing before the COGCC on January 25.
Boulder County Commissioners examine proposal against threat of forced pooling – Nov. 1, 2022
At a public hearing on Tuesday, Nov. 1, the Boulder County Commissioners considered a lease offer from Extraction Oil & Gas, Inc. for county owned-mineral rights on county open space in unincorporated Boulder County near Longmont along the Weld County border. Read more…
Extraction Oil & Gas, Inc. seeks to lease Boulder County-owned minerals – August 18, 2022
Boulder County to examine proposal against threat of forced pooling. Read more…
Colorado Supreme Court to review Boulder County v. Crestone oil and gas Court of Appeals ruling – Jan. 10, 2022
On Jan. 10. 2022, the Colorado Supreme Court granted Boulder County’s petition for certiorari review in a lawsuit against Crestone Peak Resources Operating, LLC. In the lawsuit, Boulder County alleged that two county-owned oil and gas leases expired because of a gap in oil and gas production. Read more…
Boulder County requests petitions Colorado Supreme Court to overturn Boulder County v. Crestone oil and gas Court of Appeals ruling – June 24, 2021
Boulder County has filed a petition with the Colorado Supreme Court asking it to review and overturn the Court of Appeals ruling in Board of County Commissioners of Boulder County v. Crestone Peak Resources Operating, LLC. The Court of Appeals ruled that two of the county’s oil and gas leases remained valid despite four-month gaps in oil and gas production.
Protection for Boulder County conservation easement property finalized – Nov. 16, 2020
Pursuant to the agreement between the county and Extraction Oil & Gas, Inc., the COGCC approved the necessary variance application on Nov. 16, 2020. With the COGCC order, Extraction will not conduct any construction or other activities on the county’s conservation easement property until all pending litigation to determine Extraction’s rights is complete. The county withdrew its Emergency Motion for Relief from Stay in the Delaware bankruptcy court as its part of the agreement, meaning the pending litigation remains on hold until the bankruptcy is complete.
Oil & gas drilling plans halted on contested Boulder County conservation easement in Weld County – Nov. 2, 2020
Boulder County obtains commitment from Extraction Oil & Gas, Inc preventing drilling on conservation easement property while court cases proceed. Read more…
Registration open for Nov. 9, 2020 Planning Commission Virtual Public Hearing on Oil & Gas Regulations
Registration is required to attend and/or to speak during the hearing. Read more…
Boulder County seeks support from COGCC to suspend drilling activity by Extraction Oil & Gas, Inc. – Oct. 29, 2020
Boulder County requests that COGCC suspend approval of Extraction’s permits to drill wells in Weld County close to Boulder County line. Read more…
Boulder County responds to threat to protected land in Weld County – Oct. 28, 2020
Boulder County files emergency motion to stop Extraction Oil & Gas, Inc. from drilling wells until lawsuits against Extraction have concluded. Read more…
Boulder County releases 2nd draft of updated oil and gas regulations for public review – Oct. 20, 2020
View the summary and 2nd draft updated draft oil and gas regulations. Read more…
Boulder County revises schedule for review of new oil and gas regulations – Sept. 16, 2020
Given changes to the COGCC “Mission Change” Rulemaking schedule, the anticipated schedule for review of Boulder County’s oil and gas regulations has been revised accordingly. See schedule…
Boulder County is participating in COGCC “Mission Change” Rulemaking Hearings (Aug. 24-Sept. 23 and Sept. 28-Nov. 20) as part of the Affiliated Local Government Coalition (Boulder County, the City of Lafayette, the City and County of Broomfield, the Town of Erie, the City of Fort Collins, the City of Longmont, and the Northwest Colorado Council of Governments by and through its Water Quality/Quantity Committee (NWCCOG/QQ))
- View the Affiliated Local Government Coalition Prehearing Statement (200-600 Series), July 13, 2020
- View the Affiliated Local Government Coalition Response to Prehearing Statements (200-600 Series), July 31, 2020
- View the Affiliated Local Government Coalition Prehearing Statement (800/900/1200 Series), August 19, 2020
- View the Affiliated Local Government Coalition Written Response to the 200-600 Series Sept. 18 Revised Staff Rules, September 22, 2020
- View the Affiliated Local Government Coalition Response to 1200 Series Prehearing Statements, September 25, 2020
- View the Affiliated Local Government Coalition Response to 900 Series Prehearing Statements, October 9, 2020
- View the Affiliated Local Government Coalition Response to 1200 Series Oct. 9 Revised Staff Rules, November 4, 2020
County lawsuit against 8 North, LLC, goes forward – July 28, 2020
Colorado appellate court declines to put case on hold. Read more…
Boulder County Submits 510 Statement for COGCC Mill Levy Rulemaking (Hearing Aug. 4, 2020)
View Boulder County’s 510 Statement in support of enacting the proposed mill levy increase, July 27, 2020
Boulder County Commissioners respond to 350 Colorado’s ballot issue proposal to ban fracking
While we sincerely appreciate the tremendous thought, effort, and support behind this proposal – and we agree that all avenues should be explored to protect the health and safety of our residents and the environment – for a variety of reasons, we decline to put such a measure on this year’s ballot.
Read the Commissioners’ Full Statement.
July 14, 2020: Boulder County Commissioners extend oil and gas moratorium through December 31, 2020
Staff announces a new schedule for review of updated oil and gas regulations. Read more…
Boulder County Commissioners Consider Oil and Gas Moratorium Extension at Virtual Public Hearing on July 14, 2020
Hearing was held virtually, and written public comment accepted. Read more…
Due to COVID-19, Board of County Commissioners Vacates Schedule for Review of Proposed Oil and Gas Regulations
New Public Meeting and Hearing dates will be announced when renewed Boulder County operations can be predicted with certainty. Read more…
Boulder County To Participate in COGCC Wellbore Integrity Rulemaking Hearing on June 10-11, 2020 as part of the Allied Local Government Coalition (Boulder County, City & County of Broomfield, City of Lafayette, Town of Erie and City of Longmont)
March 6, 2020: Boulder County draft oil and gas regulations available for public review
Boulder County has released the first draft of its updated oil and gas regulations. View the summary and updated draft oil and gas regulations. Read more…
March 2, 2020: Boulder County Commissioners extend oil and gas moratorium
A revised schedule for updating oil and gas regulations pushes moratorium to July 31, 2020
Due to the complex nature of writing oil and gas regulations and in order to provide the public with enough time to review and comment on the draft regulations, the Board of County Commissioners extended the existing moratorium on accepting and processing new oil and gas development applications and on seismic testing to July 31, 2020. Public comments overwhelming supported extending the moratorium beyond the initial deadline of March 28. Read more…
Board of Boulder County Commissioners to Consider Oil and Gas Moratorium Extension
In response to concerns voiced by members of the public and the Board of County Commissioners, county staff is proposing a revised schedule for the roll-out and review of revisions to Article 12 of the Boulder County Land Use Code addressing oil and gas development in unincorporated Boulder County. The new schedule contemplates finalization of regulations in July and would require an extension of the existing moratorium on processing oil and gas permit applications, which is currently set to expire on March 28, 2020. Read more and view scheduled Public Meetings and Hearings.
BOCC adopts proclamation urging insurance companies to divest from coal/oil and end underwriting of extraction of fossil fuels
Boulder County leads and urges other counties and cities to join Insure Our Future in screening insurance companies for investments in clean energy vs. fossil fuels (news release)
Oil & Gas Update at January 28, 2020 Board of County Commissioners’ Public Meeting
On Tuesday, January 28, 2020, the Board of County Commissioners held a Public Meeting to receive an update from county staff on the progress of Boulder County’s Oil and Gas Regulations (Article 12 of the Land Use Code).
Boulder County Participates in COGCC Flowline Rulemaking (Hearing on Nov. 20-22, 2019) as part of the Affiliated Local Government Coalition (Boulder County, City & County of Broomfield, City of Lafayette, Town of Erie and City of Longmont)
New study finds acute health impacts exist up to 2000 feet from oil and gas operations – Oct. 17, 2019
Study findings will be considered as Boulder County works to update current regulations. Read more…
Boulder County issues statements on recent oil and gas court rulings – Sept. 24, 2019
- Boulder County to appeal rulings in lawsuit against Crestone Peak Resources over oil and gas leases.
- Boulder County continues fight to protect agricultural lands and mineral rights in 8 North LLC case.
Read the full statement.
Message from the Boulder County Commissioners on the county’s oil and gas regulatory efforts – Aug. 30, 2019
We have been committed from the beginning to protecting the public health, safety, and the environment from the impacts of intensive oil and gas development and will continue to use a multi-pronged approach of legislative, legal, environmental, and public health strategies to fight for tighter restrictions and increased local control for Boulder County. Read the commissioners’ full statement.
County commissioners keep temporary moratorium in place on new oil and gas development applications and seismic testing – July 16, 2019
The 9-month moratorium will allow staff time to research and draft changes to Article 12 of the Land Use Code, Special Review for Oil and Gas Operations, in light of the local government authority clarified and expanded by Senate Bill 19-181. Read more…
Commissioners enact Emergency Temporary Moratorium on the accepting and processing of new oil and gas development applications and seismic testing in unincorporated Boulder County – June 28, 2019
The county commissioners approved the temporary moratorium in order to give staff time to pursue changes to the county’s existing oil and gas regulations in light of SB19-181 and to address public health and safety issues related to oil and gas development operations as authorized by the BOCC on June 4 so that any new applications to drill could be reviewed under the most protective, updated regulations. Read more…
Boulder County Commissioners launch update of the county’s oil & gas regulations, per passage of Senate Bill 181 – June 4, 2019
The Boulder County Commissioners have authorized Boulder County staff to work on Docket DC-19-0002 Amendments to Article 12 of the Land Use Code which addresses oil and gas development in unincorporated Boulder County. Learn more…
Crestone CDP Hearing Suspended (April 2019)
COGCC will not consider Crestone CDP at May 20-21 hearing
Due to the mandate from SB19-181 which was signed into law on April 19, 2019, the Colorado Oil and Gas Conservation Commission (COGCC) hearing on Crestone Peak Resources’ Comprehensive Drilling Plan (CDP) proposed in Boulder County was suspended and a future hearing date has not yet been scheduled. Once the county has more information on future scheduling, we will publicize the dates. Learn more…
Boulder County Commissioners applaud Governor Polis’ signing of oil and gas legislation, SB 181
Boulder County will use the new local government authority provided by SB 181 to protect Boulder County residents, visitors, and ecosystems to the full extent provided by law. Read the Commissioners’ Full Statement.
April 2019 Crestone CDP hearing postponed by COGCC
On April 3, 2019, the Director of the Colorado Oil and Gas Conservation Commission (COGCC) announced that the Commission’s April 29-30 hearing at which the Crestone Comprehensive Development Plan (CDP) was to be heard will be postponed and rescheduled. Due to changes to the makeup of the COGCC made by the April 3 passage of Colorado SB19-181, the Director postponed the April COGCC hearing until the effects of those changes are understood and implemented. Because of the postponement, the April 9 COGCC public comment session that had been scheduled specifically for the CDP will also be cancelled. Boulder County will publicize further details on the rescheduled COGCC Crestone CDP hearing as soon as the information is available. Sign-up for text or email news alerts.
Boulder County Commissioners Elise Jones and Matt Jones testify at COGCC hearing – March 11, 2019
Read Boulder County Commissioner Elise Jones’ March 11 COGCC Hearing comments
Listen to audio of public hearing (COGCC Commission Hearing – March 11, 2019 – Part 1)
Boulder County oil and gas lawsuit with Crestone moves forward – Feb. 14, 2019
On Feb. 14, 2019, the District Court ruled (view ruling) that the county must wait until permit processes proceed to file some claims. Read more.
Crestone CDP hearing to move forward – Dec. 19, 2018
On Dec. 17, 2018, the Colorado Oil and Gas Conservation Commission (COGCC), by a vote of 6-2, reversed the order issued by the Hearing Officer to postpone the hearing on Crestone Peak Resources’ Comprehensive Drilling Plan (CDP) pending the outcome of the County’s lawsuit against Crestone. This means the hearing on the CDP and its associated drilling and spacing units will be scheduled for a future COGCC hearing, date to be determined. Read more…
Boulder County Commissioner Elise Jones and staff testify at COGCC hearing regarding procedural problems participating in 8 North 2As and 2s. Also request that the COGCC direct staff to reject or suspend the Crestone 2/2A permits in the CDP area – Dec. 17, 2018
Read Boulder County Commissioner Elise Jones’ Dec. 17 COGCC Hearing comments
Listen to audio of public hearing (COGCC Commission Hearing – Dec. 17, 2018 – Part 1)
Boulder County to argue Crestone’s Exception to CDP Postponement at COGCC on Dec. 17-18, 2018
After the COGCC postponed the Crestone CDP hearing, Crestone filed an “Exception,” asking the full COGCC Commission to reconsider the order issued by the Hearing Officer. During the December 17-18, 2018 COGCC hearing in Denver, the County, Crestone, and the City of Boulder will participate in oral argument to the COGCC commissioners on whether they should uphold or vacate the order continuing the CDP hearing indefinitely pending the outcome of the County’s lawsuit against Crestone. The agenda for that hearing will be posted on COGCC’s website and public comment can be offered in person on December 17 and online (view COGCC Public Comment Process information).
The County recently learned that the COGCC does not consider public comment part of the official record unless the commenter is first sworn to tell the truth. If members of the public are concerned about this, they can ask that the COGCC first swear them in before making their public comment or, for written comment, include an affirmation with notarization.
Allied Local Governments’ (Boulder County, City & County of Broomfield, City of Lafayette, City of Longmont) Prehearing Statement for COGCC School Setback Rulemaking on Dec. 17-18, 2018 – Dec. 4, 2018
View the Prehearing Statement.
Crestone pushes forward with COGCC applications despite stay – Nov. 28, 2018
Boulder County requests that the State reject or place the permits on hold. Read more.
Crestone Drilling Proposal Postponed Indefinitely – Oct. 4, 2018
Boulder County requested that the COGCC postpone its hearing on the CDP pending the outcome of its lawsuit filed Sept. 25, 2018. Read more.
Video: Boulder County Participates in COGCC Pooling & Hearing Process Clean-Up Rulemaking Hearing on Oct. 3, 2018
View the video.
Boulder County files lawsuits against Crestone Peak Resources and 8 North LLC – Sept. 25, 2018
Boulder County filed lawsuits in Boulder District Court on Sept. 25, 2018, against two oil and gas companies: Crestone Peak Resources and 8 North LLC (a subsidiary of Extraction Oil and Gas). Read more.
Allied Local Governments’ (Boulder County, City & County of Broomfield, City of Lafayette, Town of Erie) Response to Prehearing Statement for COGCC Pooling & Hearing Process Clean-Up Rulemaking– Sept. 5, 2018
View the Response to Prehearing Statement.
Boulder County files lawsuit against the Colorado Oil and Gas Commission and 8 North, LLC – Aug. 31, 2018
Lawsuit appeals the COGCC’s approval of 8 North’s applications for drilling and spacing units and additional well density in two areas of eastern Boulder County. Read more or view the complaint.
Boulder County Commissioners OPPOSE Amendment 74 – “Just Compensation for Reduction in Fair Market Value by Government Law or Regulation” – August 30, 2018
The Board of County Commissioners has adopted a position (Resolution 2018-101) to OPPOSE Ballot Initiative #108 (Amendment 74) “Just Compensation for Reduction in Fair Market Value by Government Law or Regulation,” a citizen-generated initiative funded by the oil and gas industry that proposes to amend the Colorado constitution to drastically limit state and local government regulatory authority. Read more.
Boulder County submits Protest and Intervention to the Crestone final CDP – Aug. 24, 2018
The Protest and Intervention ensures that the county will be a full party to the CDP hearing scheduled for Oct. 29-30. Read the article.
Allied Local Governments’ (Boulder County, City & County of Broomfield, City of Lafayette, Town of Erie) Prehearing Statement for COGCC Pooling & Hearing Process Clean-Up Rulemaking– August 22, 2018
View the Prehearing Statement.
Boulder County Commissioner Elise Jones Testifies at COGCC hearing on 8 North Drilling and Spacing Units scheduled – July 31, 2018
Read Boulder County Commissioner Elise Jones’ July 31 COGCC Hearing comments
Commissioners unanimously support Initiative #97 to increase setback requirements for oil and gas development – June 29, 2018
Read the statement by the Board of County Commissioners.
15 Colorado counties and cities file an amicus brief arguing that the COGCC should prioritize public health and safety – May 30, 2018
A diverse set of communities has filed an amicus brief in Colorado Oil and Gas Conservation Commission v. Martinez arguing that the COGCC should prioritize public health and safety when it considers rules related to oil and gas development. (Read full article)
Boulder County Commissioner Elise Jones Testifies at COGCC Hearing – Apr. 30, 2018
Read Boulder County Commissioner Elise Jones’ April 30 COGCC Hearing comments
Boulder County Commissioner Elise Jones Testifies in support of HB-1352 (Oil And Gas Facilities Distance From School Property) – Apr. 26, 2018
Read Boulder County Commissioner Elise Jones’ school setbacks comments
Extraction Oil & Gas, Inc. Statement on drilling and spacing unit near Lafayette (Docket 171200773) – April 3, 2018
Upon Boulder County’s request to clarify drilling plans in the spacing unit, on April 3, 2018, Extraction provided the following statement regarding drilling near Pioneer Elementary School:
“While the drilling and spacing unit applications that we filed back in September 2017 include a subsurface area that extends westward to Lafayette, we want to be clear that, contrary to rumor, we currently have no plans to locate an oil and gas development surface site for these applications anywhere within the Lafayette city limits, let alone next to the Pioneer Elementary school as some have suggested. In the spirit of transparency and partnership with the communities where we live and operate, we did not want there to be any confusion around those plans.” – Eric J. Christ, Vice President, General Counsel and Corporate Secretary – Extraction Oil & Gas, Inc.
The Colorado Supreme Court has agreed to review the court of appeals ruling in the Martinez case, dealing with the way that COGCC considers public health and safety in its decisions
View the Colorado Supreme Court Certiorari to the Court of Appeals. 2016CA564 District Court, Denver County, 2014CV32637
Read Prehearing Statement from Affiliated Local Governments
Boulder County Commissioner Elise Jones Testifies at COGCC Flowline Rulemaking Session – Jan. 8, 2018
Read Boulder County Commissioner Elise Jones’ Flowline Rulemaking comments
Boulder County Commissioner Elise Jones Testifies at COGCC Rulemaking Session – Dec. 11, 2017
Read Boulder County Commissioner Elise Jones’ comments
See COGCC website for more information on Flowline Rulemaking
Leak Inspection & Repair at Oil & Gas Well Sites – Boulder County Voluntary Inspection Program Results 2014–2016
Public concern has grown in Boulder County regarding the health and safety implications of emissions from oil and gas activity. Boulder County has implemented a voluntary oil and gas inspection program in order to respond to this concern. Inspections have collected data on gaseous leaks and repairs since 2014, and an analysis of this data is now available: view the Boulder County Voluntary Inspection Program Results 2014–2016.
Boulder County and other jurisdictions submit amicus curiae brief in support of anti-fracking case
On June 29, 2017, Boulder County, along with San Miguel County, City of Boulder, Gunnison County, NWCCOG, City of Lafayette, and Town of Erie filed an amicus curiae brief in COGCC v. Martinez. The case involves a determination by the Colorado Court of Appeals that the Colorado Oil and Gas Commissioner must consider public health and safety when considering proposed state rules for oil and gas development. The COGCC and the oil and gas industry have asked the Colorado Supreme Court to review the court of appeals’ decision. The County and other jurisdictions argued that the Supreme Court should not review the court of appeals decision because government regulations should always protect the public health and safety.
Letter from 8 North, LLC and Great Western regarding Inspections – June 26, 2017 and September 1, 2017
- 8 North, LLC Request for Boulder County to provide notice and be accompanied during inspections of oil and gas operations areas, June 26, 2017
- Boulder County Public Health letter requesting permission to enter 8 North, LLC, sites for inspections, July 17, 2017
- Boulder County Voluntary Oil and Gas Inspection Program – IR Camera Data
- Great Western Operating Company, LLC Request for Boulder County to provide notice and be accompanied during inspections of oil and gas operations areas, Sept. 1, 2017
- Letter to Governor Hickenlooper regarding the Martinez v. COGCC Appeal
- Media release