Boulder County commissioners on Thursday announced they will not put a tax measure on the November ballot to create a new sales tax to fund a ban on oil and gas development.
In a preemptive move to a petition expected to be delivered by 350 Colorado, commissioners in a news release jointly stated, “While we sincerely appreciate the tremendous thought, effort, and support behind this proposal — and we agree that all avenues should be explored to further protect the health and safety of our residents and the environment — for a variety of reasons, we decline to put such a measure on this year’s ballot.”
The pending challenge to the Colorado Supreme Court’s 2016 decision that Longmont could not ban fracking was among the reasons they cited for their decision. Specifically, they stated they are waiting to see if the legal precedent has changed as a result of Senate Bill 19-181, which gives local governments more control over oil and gas operations.
“We believe it is in Boulder County’s best interests to wait for the outcome of that case before considering our own ban, however it might get enacted. Until the courts decide the legal issues, we are working extremely hard on amendments to our local oil and gas regulations and on the new rules underway at the Colorado Oil and Gas Conservation Commission and the Air Quality Control Commission,” commissioners stated in the release.
350 Colorado was calling for a tax to be put on this year’s ballot to support a countywide fracking ban. It posted a draft ballot measure to its website, as well as a letter for supporters to send to commissioners and petition in support of a fracking ban.
In an email sent early Friday morning, Micah Parkin, executive director of 350 Colorado and 350 Boulder County, said, “We're hoping they will reconsider their decision. If not, we just have to trust that they will enact a ban if the Longmont lawsuit reinstating a ban is successful and call for that action if/when Longmont wins.”
The Boulder County Fracking Ban Coalition also emailed a letter to commissioners on Thursday evening, stating it was “deeply disappointed” by the decision being made before it could deliver a letter signed by 100 organizations, businesses and community leaders urging commissioners to place a ban on the ballot. Also included in the email was the draft language for a ballot measure, as well as a petition signed by more than “1,900 individuals and businesses and organizations representing over 130,000 Boulder County residents.”
“Please also note that this is not ‘350 Colorado's ballot effort’ as mentioned in the county's email, but a broad coalition effort that numerous organizations and individual activists have been working on together for months and even years,” the letter to commissioners stated.
“We ask that you take the time to read over this letter and information carefully and reconsider placing a measure to ban fracking on this November's ballot considering the seriousness of this issue and the vast support demonstrated by years of thousands of people testifying before you, emailing and calling, this petition and sign-on letter, and professional polling we had conducted last week showing that 70% of your constituents support a countywide ban on fracking,” the letter continued. “We look forward to hearing from you.”
Commissioners last week extended the moratorium on the county accepting and processing new oil and gas development applications and seismic testing through Dec. 31.
“By that time, we will have amended our local regulations to be as protective as possible, the new professional COGCC will have new rules in place under their protective mission, and we may have at least a preliminary answer from the courts on the ban question,” commissioners stated in the release. “Regardless of what comes after that, we will have built significant new protections at the local and the state level.”
Correction: The letter emailed to commissioners Thursday evening was from the Boulder County Fracking Ban Coalition and not solely 350 Colorado. That information was incorrect in the original posting of this story.
