January 14, 2019: Colorado Supreme Court Ruling

The Colorado Supreme Court reversed the Colorado Court of Appeals decision and found that the COGCC cannot condition oil and gas development on protecting public health, safety, and welfare and the environment.

Justice Gabriel, in a unanimous decision, acknowledged the civic engagement and concerns of the youth plaintiffs’ and even found that their interpretation of the Act, which would have required the COGCC to prioritize public health over oil and gas development, was reasonable. However, the Court ultimately rejected plaintiffs’ reasonable interpretation of the Act, determined that the Act was ambiguous, and held that the COGCC did not have authority to promulgate a rule protecting public health if it precluded new oil and gas development.