Xiuhtezcatl Martinez, youth plaintiff, leads a youth rally on the west steps of the Colorado Capitol Building on February 20, 2017 in Denver, Colorado. (Photo: Helen Richardson/ Denver Post)
Mar 24, 2017
A group of Colorado teenagers scored a "huge" victory against the state's fracking industry on Thursday when a three-judge panel ruled that the health of citizens and environment takes precedence over oil and gas interests.
The decision, handed down by the Colorado Court of Appeals on Thursday, requires that the Colorado Oil and Gas Conservation Commission (COGCC) consider a petition from six youth plaintiffs, which asks the board to suspend the issuance of fracking permits "until it can be done without adversely impacting human health and safety and without impairing Colorado's atmospheric resource and climate system, water, soil, wildlife, and other biological resources."
Xiuhtezcatl Martinez, 16-year-old plaintiff and youth director of the Boulder-based Earth Guardians, declared after the ruling: "Our movement to fight for the rights of people and our environment is evolving. From the streets to the courtroom, the voices of the younger generation will be heard, and the legal system is a tool for our resistance. Small wins build up to create massive change."
Martinez and his brother Itzcuahtli Roske-Martinez are joined on the petition by Sonora Brinkley, Aerielle Deering, Trinity Carter, and Emma Bray, who are all members of the young activist group. Their ages currently range from 13 to 16.
The COGCC had rejected the petition (pdf) in 2014 after claiming that state law requires the government to strike a "balance" between fossil fuel development and public health. That interpretation was upheld by the Denver District Court.
On Thursday, however, the three-judge, all-woman panel said the Commission "erred" in its interpretation of the Oil and Gas Conservation Act, finding instead that the law "mandates that the development of oil and gas in Colorado be regulated subject to the protection of public health, safety, and welfare, including protection of the environment and wildlife resources."
It is a "condition that must be fulfilled," they wrote.
"The Commission can no longer decide to prioritize oil and gas development over the health and safety of Coloradans," declared Julia Olson, counsel to the youth plaintiffs and executive director of the legal nonprofit Our Children's Trust.
"This is an enormous victory for these youth," Olson continued. "We look forward to helping the youth of Colorado go back before the Commission on remand."
And Martinez added, "I'm very optimistic about the potential this lawsuit has to protect my Colorado. Now more than ever, we will see people reclaiming the power."
Colorado in recent years has emerged as the epicenter of the anti-fracking movement, with local efforts to ban the toxic drilling practice facing fierce backlash by the state government and deep-pocketed oil and gas industry.
Bruce Baizel, director of the energy program at environmental nonprofit Earthworks, which was not party to the case, said the ruling could have implications for other efforts to regulate fracking in the state. "This shifts health, safety, and welfare concerns above development-as-usual permitting," Baizel told the Denver Post. "Now the state of Colorado, after removing communities' power to ban fracking and drilling themselves, might have to effectively ban fracking inside cities to protect residents' health."
Why Your Ongoing Support Is Essential
Donald Trump’s attacks on democracy, justice, and a free press are escalating — putting everything we stand for at risk. We believe a better world is possible, but we can’t get there without your support. Common Dreams stands apart. We answer only to you — our readers, activists, and changemakers — not to billionaires or corporations. Our independence allows us to cover the vital stories that others won’t, spotlighting movements for peace, equality, and human rights. Right now, our work faces unprecedented challenges. Misinformation is spreading, journalists are under attack, and financial pressures are mounting. As a reader-supported, nonprofit newsroom, your support is crucial to keep this journalism alive. Whatever you can give — $10, $25, or $100 — helps us stay strong and responsive when the world needs us most. Together, we’ll continue to build the independent, courageous journalism our movement relies on. Thank you for being part of this community. |
Our work is licensed under Creative Commons (CC BY-NC-ND 3.0). Feel free to republish and share widely.
Lauren McCauley
Lauren McCauley is a former senior editor for Common Dreams covering national and international politics and progressive news. She is now the Editor of Maine Morning Star. Lauren also helped produce a number of documentary films, including the award-winning Soundtrack for a Revolution and The Hollywood Complex, as well as one currently in production about civil rights icon James Meredith. Her writing has been featured on Newsweek, BillMoyers.com, TruthDig, Truthout, In These Times, and Extra! the newsletter of Fairness and Accuracy in Reporting. She currently lives in Kennebunk, Maine with her husband, two children, a dog, and several chickens.
A group of Colorado teenagers scored a "huge" victory against the state's fracking industry on Thursday when a three-judge panel ruled that the health of citizens and environment takes precedence over oil and gas interests.
The decision, handed down by the Colorado Court of Appeals on Thursday, requires that the Colorado Oil and Gas Conservation Commission (COGCC) consider a petition from six youth plaintiffs, which asks the board to suspend the issuance of fracking permits "until it can be done without adversely impacting human health and safety and without impairing Colorado's atmospheric resource and climate system, water, soil, wildlife, and other biological resources."
Xiuhtezcatl Martinez, 16-year-old plaintiff and youth director of the Boulder-based Earth Guardians, declared after the ruling: "Our movement to fight for the rights of people and our environment is evolving. From the streets to the courtroom, the voices of the younger generation will be heard, and the legal system is a tool for our resistance. Small wins build up to create massive change."
Martinez and his brother Itzcuahtli Roske-Martinez are joined on the petition by Sonora Brinkley, Aerielle Deering, Trinity Carter, and Emma Bray, who are all members of the young activist group. Their ages currently range from 13 to 16.
The COGCC had rejected the petition (pdf) in 2014 after claiming that state law requires the government to strike a "balance" between fossil fuel development and public health. That interpretation was upheld by the Denver District Court.
On Thursday, however, the three-judge, all-woman panel said the Commission "erred" in its interpretation of the Oil and Gas Conservation Act, finding instead that the law "mandates that the development of oil and gas in Colorado be regulated subject to the protection of public health, safety, and welfare, including protection of the environment and wildlife resources."
It is a "condition that must be fulfilled," they wrote.
"The Commission can no longer decide to prioritize oil and gas development over the health and safety of Coloradans," declared Julia Olson, counsel to the youth plaintiffs and executive director of the legal nonprofit Our Children's Trust.
"This is an enormous victory for these youth," Olson continued. "We look forward to helping the youth of Colorado go back before the Commission on remand."
And Martinez added, "I'm very optimistic about the potential this lawsuit has to protect my Colorado. Now more than ever, we will see people reclaiming the power."
Colorado in recent years has emerged as the epicenter of the anti-fracking movement, with local efforts to ban the toxic drilling practice facing fierce backlash by the state government and deep-pocketed oil and gas industry.
Bruce Baizel, director of the energy program at environmental nonprofit Earthworks, which was not party to the case, said the ruling could have implications for other efforts to regulate fracking in the state. "This shifts health, safety, and welfare concerns above development-as-usual permitting," Baizel told the Denver Post. "Now the state of Colorado, after removing communities' power to ban fracking and drilling themselves, might have to effectively ban fracking inside cities to protect residents' health."
Lauren McCauley
Lauren McCauley is a former senior editor for Common Dreams covering national and international politics and progressive news. She is now the Editor of Maine Morning Star. Lauren also helped produce a number of documentary films, including the award-winning Soundtrack for a Revolution and The Hollywood Complex, as well as one currently in production about civil rights icon James Meredith. Her writing has been featured on Newsweek, BillMoyers.com, TruthDig, Truthout, In These Times, and Extra! the newsletter of Fairness and Accuracy in Reporting. She currently lives in Kennebunk, Maine with her husband, two children, a dog, and several chickens.
A group of Colorado teenagers scored a "huge" victory against the state's fracking industry on Thursday when a three-judge panel ruled that the health of citizens and environment takes precedence over oil and gas interests.
The decision, handed down by the Colorado Court of Appeals on Thursday, requires that the Colorado Oil and Gas Conservation Commission (COGCC) consider a petition from six youth plaintiffs, which asks the board to suspend the issuance of fracking permits "until it can be done without adversely impacting human health and safety and without impairing Colorado's atmospheric resource and climate system, water, soil, wildlife, and other biological resources."
Xiuhtezcatl Martinez, 16-year-old plaintiff and youth director of the Boulder-based Earth Guardians, declared after the ruling: "Our movement to fight for the rights of people and our environment is evolving. From the streets to the courtroom, the voices of the younger generation will be heard, and the legal system is a tool for our resistance. Small wins build up to create massive change."
Martinez and his brother Itzcuahtli Roske-Martinez are joined on the petition by Sonora Brinkley, Aerielle Deering, Trinity Carter, and Emma Bray, who are all members of the young activist group. Their ages currently range from 13 to 16.
The COGCC had rejected the petition (pdf) in 2014 after claiming that state law requires the government to strike a "balance" between fossil fuel development and public health. That interpretation was upheld by the Denver District Court.
On Thursday, however, the three-judge, all-woman panel said the Commission "erred" in its interpretation of the Oil and Gas Conservation Act, finding instead that the law "mandates that the development of oil and gas in Colorado be regulated subject to the protection of public health, safety, and welfare, including protection of the environment and wildlife resources."
It is a "condition that must be fulfilled," they wrote.
"The Commission can no longer decide to prioritize oil and gas development over the health and safety of Coloradans," declared Julia Olson, counsel to the youth plaintiffs and executive director of the legal nonprofit Our Children's Trust.
"This is an enormous victory for these youth," Olson continued. "We look forward to helping the youth of Colorado go back before the Commission on remand."
And Martinez added, "I'm very optimistic about the potential this lawsuit has to protect my Colorado. Now more than ever, we will see people reclaiming the power."
Colorado in recent years has emerged as the epicenter of the anti-fracking movement, with local efforts to ban the toxic drilling practice facing fierce backlash by the state government and deep-pocketed oil and gas industry.
Bruce Baizel, director of the energy program at environmental nonprofit Earthworks, which was not party to the case, said the ruling could have implications for other efforts to regulate fracking in the state. "This shifts health, safety, and welfare concerns above development-as-usual permitting," Baizel told the Denver Post. "Now the state of Colorado, after removing communities' power to ban fracking and drilling themselves, might have to effectively ban fracking inside cities to protect residents' health."
We've had enough. The 1% own and operate the corporate media. They are doing everything they can to defend the status quo, squash dissent and protect the wealthy and the powerful. The Common Dreams media model is different. We cover the news that matters to the 99%. Our mission? To inform. To inspire. To ignite change for the common good. How? Nonprofit. Independent. Reader-supported. Free to read. Free to republish. Free to share. With no advertising. No paywalls. No selling of your data. Thousands of small donations fund our newsroom and allow us to continue publishing. Can you chip in? We can't do it without you. Thank you.