SUBJECT: A Resolution of The Town of Erie, Colorado Authorizing the Town Attorney to Sign on Behalf of the Town of Erie, Colorado a Motion for Leave to File an Amicus Curiae Brief In Opposition To The Petition For Writ Of Certiorari And An Amicus Curiae Brief In Support Of The Respondents/Appellants And Among A Grant Of Certiorari In Colorado Oil And Gas Conservation Commission V. Martinez, 2017SC297; And Setting Forth Details In Relation Thereto.
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DEPARTMENT: Legislation
PRESENTER: Mayor Tina Harris/Town Attorney Mark Shapiro
FISCAL INFORMATION: None
STAFF RECOMMENDATION: None
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SUMMARY AND BACKGROUND OF SUBJECT MATTER:
Boulder County has asked if the Town of Erie would have an interest in signing on to the attached Amicus Curiae Brief. They are trying to get interested cities and counties to join in submitting the attached amicus brief urging the Colorado Supreme Court not to grant certiorari and review the Martinez v. Colorado Oil & Gas Commission opinion.
The Court of Appeals ruled in Martinez that the COGCC must make all of its oil and gas development decisions, including in rule-makings, subject to the "protection of public health, safety, and welfare, including protection of the environment and wildlife resources" - in other words, to put public safety and environmental protection first. It is Boulder County's understanding that industry interests are submitting their own amicus briefs to urge the Supreme Court to review (and overturn) the Appeals court ruling, so it is important for local governments to weigh in with the County's views on this important ruling.
The County's attorneys have determined that the brief will have the biggest impact if they only sign on jurisdictions, not individual elected officials. They will need to know by June 27 at the latest (the brief is due on the 28th) so that they can add a statement of interest (it can be modeled after the one Boulder County has written - page 2 of the atta...
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