justice rising program
Justice Rising is working to reverse decades of legal precedent that currently favors the oil and gas industry, to give communities more power. Colorado Rising for Communities has brought cases in federal and state courts, and has challenged oil and gas permits in front of the Colorado Oil and Gas Conservation Commission (“COGCC”). Our legal work has resulted in several permit withdrawals which means our work is effective. Through successful litigation outcomes, we can replicate efforts and put power back in the hands of communities.
Through the Program, Colorado Rising for Communities has brought more than a dozen cases against the oil and gas industry and government bad actors. From 2019-2021, we have cases winding their way through federal court systems, regarding:
Challenge to the federal constitutional due process rights afforded to community members through the Colorado Oil and Gas Conservation Commission’s (“COGCC”) administrative process.
We also have cases in the state court and administrative systems related to the following:
1. A challenge to the COGCC’s application of rules related to the administrative hearing process.
2. A declaratory judgment action seeking reinstatement of the City of Longmont’s fracking ban. The case is currently on appeal to the Colorado Court of Appeals.
3. We provided litigation support for a case challenging the establishment of a drilling unit located in Erie, Colorado.
4. A declaratory judgment action seeking to strike down Colorado’s forced pooling statute on constitutional grounds. The case also involves a request that the Court order the oil and gas operator to comply with the stricter standards of state law and regulation, which it is currently refusing to do.
5. Presently, we have four administrative cases in front of the COGCC to protest applications for drilling and spacing units, and forced pooling. We expect a case increase in 2021 related to a planned site in North Boulder County that is anticipated to be the largest oil and gas drilling site in Colorado.