Colorado Fracking “Win”: Redefining Victory

Courageous Colorado youth who are challenging fracking in their state celebrated the decision of the Colorado Court of Appeals last week: the Colorado Oil and Gas Conservation Commission (COGCC) must consider the petition of the youth, who want the COGCC to discontinue issuing fracking permits until it has been determined it can be done without compromising the health and safety of people and the natural environment.

It is a win. How often do we hear the courts side on behalf of the people? Not often. How frequently do we hear the courts insist that health and safety take priority over fracking? Not frequently.

At the same time, let’s look at how far this win goes.

Who decides whether or not a permit is issued? The Court of Appeals did not change the authority of the COGCC – a state regulatory agency that has the authority to legalize harms to Colorado communities by issuing permits to oil and gas corporations. Those permits grant permission to the industry to carry out activities that would otherwise be illegal.

So, decision-making authority still rests with those regulators. We would venture a guess that the appointed body consists heavily of oil and gas interests, rather than being an elected body representing the health and safety interests of Colorado communities or the Colorado youth from this case.

There is the argument that if the COGCC must have evidence that fracking is safe before issuing permits, then we’re all set here. Right?

Not exactly. In fact, it comes back to who decides. Who decides what evidence is provided? Who decides how that evidence is produced? If you’ve heard the industry and regulators say there’s no evidence that fracking harms water supplies or releases enough methane to affect climate change…you get the idea.