The Colorado Supreme Court issued its opinion in City of Fort Collins v. Colorado Oil and Gas Association on Monday, May 2, 2016.
The Colorado Supreme Court concluded that Fort Collins’s five-year moratorium on fracking and the storage of fracking waste within the city is a matter of mixed state and local concern and, therefore, is subject to preemption by state law. Applying well-established preemption principles, the court further concluded that the moratorium operationally conflicts with the effectuation of state law. Accordingly, the court held that the moratorium is preempted by state law and, therefore, is invalid and unenforceable. The court thus affirmed the district court’s order invalidating the moratorium and remanded the case for further proceedings.
Summary provided courtesy of The Colorado Lawyer.