The Colorado Oil and Gas Conservation Commission ("COGCC") issued draft proposed rules in early October. The Denver Business Journal reports today that "few have kind words for Colorado's latest proposal on oil and gas rules" and that stakeholders who have followed the rulemaking process have used harsh words to describe the draft rules.
The public hearings are reportedly expected to draw big crowds – so big in fact that the location of the hearings has been moved to the Sheraton Denver Downtown Hotel. The public hearings will be held on November 16-17, 2015, with the COGCC decisions expected at the commission's December meeting on December 7-8, 2015.
So what is all the fuss about?
Gov. Hickenlooper created an oil and gas task force by Executive Order in September of 2014 comprised of representatives from local government, civic organizations, environmental interests, agriculture, and affected industries. The task force was to focus on "how to most reasonably and effectively balance land use issues in a way that minimizes conflict while protecting communities and allowing reasonable access to private mineral rights" and its recommendations were due to the Governor no later than February 27, 2015.
The task force proposed nine recommendations in February and those recommendations were to be incorporated into proposed rule changes.
However, the controversy surrounding the draft proposed rules reportedly stems from allegations that they are "inconsistent with the letter and spirit of the task force's recommendations." Some seem to say that the proposed rules go beyond the task force's proposals, while others maintain that the proposed rules do not go far enough.
The task force recommendations can be found here: GTF Recommendation 17; GTF Recommendation 20. The draft proposed rules can be found here. Our office will continue to monitor the 2015 Governor's Task Force Rulemaking and keep you apprised of the outcome.
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