Five Year Investigation Leads to Lawsuit

Five Year Investigation Leads to Lawsuit

Early this summer, the Environmental Protection Agency (EPA) and the Colorado Department of Public Health and Environment (CDPHE) brought a legal action against K.P. Kauffman Company, Inc. (KPK) for violating the Colorado Air Quality Control Commission's regulation.

Environmental Activists Argue Public Trust Doctrine

Environmental Activists Argue Public Trust Doctrine

Early this year, the Colorado Supreme Court ruled in favor of the oil and gas industry in Colorado. It reversed a decision by the Court of Appeals where the Colorado Oil and Gas Conservation Commission (COGCC) declined to consider a rule proposed by a group of environmental activists. The Supreme Court of Colorado held that regulators are not required to consider the impact of oil and gas development on public health and environment when deciding whether to approve drilling permits.

Nuns' Religious Freedom Claim Barred in Pipeline Opposition

Nuns' Religious Freedom Claim Barred in Pipeline Opposition

Early this year, the U.S. Supreme Court decided not to hear a case by a group of Pennsylvania based Roman Catholic nuns who filed a petition for their religious freedom case to be reviewed. The nuns argued their rights would be violated if a natural gas pipeline crossed their land. The nuns were appealing the U.S. Third Circuit Court of Appeals decision sustaining the U.S District Court of the Eastern District of Pennsylvania's ruling that the nuns lacked standing to sue because of subject matter jurisdiction and because they hadn't raised their objection to the Federal Energy Regulatory

Monetary Sanctions for Environmental Damages

Monetary Sanctions for Environmental Damages

The meaning of monetary sanctions came into question in the case of Epic Energy LLC. v. Encana Oil & Gas (USA) Inc. Epic Energy was held liable for environmental contamination and remediation failures of Encana by the Oil Conservation Division (Division of New Mexico. Epic Energy, LLC, a New Mexico company with its principal place of business in Colorado, entered into a Purchase and Sale Agreement (PSA) with Encana Oil & Gas (USA) Inc. The PSA was for Encana’s interest in oil wells and oil tank batteries in New Mexico with the effective date of July 1, 2016. Epic Energy entered into the

CO Fracking Ban Case Is Asked To Be Reopened

CO Fracking Ban Case Is Asked To Be Reopened

A Motion to Reopen a case filed by Colorado Rising for Communities and Our Health, Our Future, Our Longmont was granted in August 2019 by the Boulder District Court. The Motion to Reopen the case was to reinstate Longmont’s fracking ban. The original dispute was between the City of Longmont, Colorado and Our Health, Our Future, Our Longmont; Food & Water Watch; the Sierra Club; and Earthworks.

Same Facts, Different Conclusions in Treatment of Cutthroat Trout

Same Facts, Different Conclusions in Treatment of Cutthroat Trout

Are the Rio Grande Cutthroat Trout Endangered?  The Endangered Species Act (ESA) is a federal law designed to conserve and protect species like the Rio Grande Cutthroat Trout (Trout).  It is a trout species native to Southern Colorado and New Mexico and has undergone a significant decrease in its population over the last 150 years. This decrease is attributed to drought, habitat loss, invasive species, and its mating with other trout producing hybridized offspring.

Small Community Settles Water Contamination Lawsuit

Small Community Settles Water Contamination Lawsuit

A small community in Oklahoma settled a contamination issue created by Continental Oil Company (Continental) over 50 years ago. Continental, an oil company that is now part of ConocoPhillips after a merger with Phillips Petroleum Company in 2002, drilled 16 oil and gas wells in northwest Oklahoma City between 1935 and 1966. Eight of these wells were drilled in an area that now constitutes the Clifford Farms subdivision. The wells produced water containing salt with a concentration of 217,000 parts per million (ppm) that leaked and escaped into the Clifford Farms community.

Environmental Nonprofits Sue BLM And USFS

Environmental Nonprofits Sue BLM And USFS

On March 27, 2019, Judge Babcock of the U. S. District Court in Colorado held that the environmental reviews conducted by the Bureau of Land Management (BLM) and the U.S. Forest Service (USFS) of proposed oil and gas drilling in the upper North Fork Valley were deficient. This case is Citizens for a Healthy Community et al v. United States Bureau of Land Management et al, No. 1:2017cv02519 - Document 53 (D. Colo. 2019). The suit was brought by the environmental organizations Citizens for a Healthy Community, High Country Conservation Advocates, Center for Biological Diversity, WildEarth

Fossil Fuel Case To Be Heard In CO State Court

Fossil Fuel Case To Be Heard In CO State Court

On April 2018, local governments in Colorado filed a lawsuit against fossil fuel companies for harms from climate change. This case follows similar suits in New York and San Francisco that have sued major fossil fuel companies for climate change damages. The Board of County Commissioners of Boulder County, San Miguel County, and the City of Boulder brought a Colorado common law and statutory claim against SunCor Energy (U.S.A.) Inc., Suncor Energy Sales Inc., Suncor Energy Inc., and Exxon Mobil Corporation for injuries occurring to their property and citizens of their jurisdictions

Clean Air Act Litigants Prevail In Utah

Clean Air Act Litigants Prevail In Utah

The Wasatch Front is a metropolitan region in Utah where 80 percent of the state’s population reside. It includes Salt Lake City, Provo, and four other major major cities. The natural bowl where the region is geographically located has a population of over 2.3 million people making air pollution a major health and environmental concern.