“We bring you Fort Collins.” Volume 4, Issue 2
wolverine
farm
publishing
fort
collins , colorado
SUMMER 2018
FREE
To Protect the Children: The Disobedient Spirit of Democracy By Rico Moore
O
n the morning of March 8th, along with a small group of activists, 23-year old Cullen Lobe, a journalism and environmental affairs student at Colorado State University, walked up to a bulldozer as it was excavating a fracking pad and facility site owned by Extraction Oil and Gas. The driver of the bulldozer turned off the machine as Lobe stood in its path. Lobe spoke with the driver, saying he held nothing against him personally but rather was protesting the massive fracking site he was working on because of its close proximity to an elementary school. The two talked briefly until the worker walked away to make a phone call. Lobe then locked himself to the hydraulic shaft of the bulldozer’s lift in peaceful protest of the fracking project that is to be located just over 500 feet from the southern property line of Bella Romero Academy, a 4th-8th grade school.
“I’m here to protect the children,” Lobe told the worker.
The Weld County Commissioners approved Extraction’s well pad and facility site known as Vetting 15-H near Bella Romero in June 2016 and the Colorado Oil and Gas Conservation Commission (COGCC) gave its approval in March 2017. The site consists of an oil and gas fracking well pad with 24 wells along with a separate site for waste© Megan Meyer water tanks, separators and vapor recovery units. By most measures, it is a massive fracking operation. Extraction’s rationale for siting the frack pad and facility site here includes its close proximity to irrigation ditches and the South Platte River, which it plans to utilize for fracking via a temporary water pipeline.
Extraction didn’t respond to numerous requests for comment on this story.
Soon after the COGCC’s approval, on behalf of the groups NAACP of Colorado, Sierra Club, Wall of Women, and Weld Air and Water, attorneys Tim Estep and Kevin Lynch of the Environmental Law Clinic at the University of Denver Sturm College of Law sued the COGCC for permitting Extraction’s well pad and facility site. The suit asks that the COGCC’s permitting of Extraction’s Vetting site be invalidated and reconsidered under the guidance of the lawsuit.
According to Lynch, the COGCC has a number of regulations in place that it likes to tout as the strongest in the country, even though other states like New York have banned fracking outright. And so the COGCC views its job as ensuring that its regulations have been met, not necessarily that it has any independent duty to go beyond and actually deny a permit if the public health, safety, and welfare impacts are too great, are unacceptable, or cannot be mitigated, Lynch says.
Lynch adds the COGCC’s setback requirements were explicitly not set with the intention of addressing human health impacts associated with air emissions related to oil and gas development.
The lawsuit further alleges the COGCC approved the location because it, and oil and gas operators, generally experience the least amount of pushback when siting major oil and gas development in predominantly minority communities since these communities do not have the same resources as more affluent communities, which in turns sets a precedent for siting oil and gas extraction developments in similar communities in the future. Citing the Colorado Department of Education, the lawsuit states Bella Romero’s student population is 90% Latino or Hispanic, African American or other persons