Citizens Sue City of Colorado Springs to Allow Vote on Fracking Ban

COLORADO SPRINGS, Colo. - May 9, 2013 - PRLog -- - Colorado Springs - A lawsuit was filed May 9 in the 4th Judicial District Court of Colorado to compel the City of Colorado Springs to move forward a citizen-initiated petition to amend the City Charter. The Charter amendment, titled Community Bill of Rights Protection from Natural Gas and Oil Production, would prohibit oil and gas extraction within the City, including hydraulic fracturing.

This action was announced at a news conference held at 11:00 a.m. on May 9 by Colorado Springs Citizens for Community Rights (CSCCR). The lawsuit was filed on behalf of CSCCR and the Petition Committee, which filed and intended to circulate the petition within the City. The Environmental Law Clinic at the University of Denver Sturm College of Law is representing the Petition Committee and CSCCR in this lawsuit.

This step was made necessary when the City’s Title Board declined to affix a title to the petition, a step the City considers necessary before signatures can be gathered. The Title Board ruled in an April 5 meeting that the Charter amendment does not meet the City’s single-subject requirement for initiated ordinances and Charter amendments. The Petition Committee appealed to the Title Board for a rehearing, which was held on May 2.

At the rehearing the Petition Committee made the case that:

1) The City’s single-subject requirement is a part of the city code, amended by a vote of the City Council. This requirement conflicts and is inconsistent with the City Charter and the Municipal Home Rule Act of 1971. It imposes a significant restriction on the right of citizens to amend the City Charter. Such a restriction on initiated Charter amendments can only be made with the approval of the citizens through an amendment to the City Charter itself.

2) The requirement that petitions to initiate Charter Amendments be titled and approved by that Title Board is also not in the City Charter. Rather, it is another restriction that was created through the City Code without approval from the citizens. Therefore, that process cannot legally be required.

3) The proposed Charter amendment meets the legal definition of a single-subject. It has one purpose, which is to prohibit oil and gas extraction activity in the City of Colorado Springs.

At the May 2 rehearing, the Title Board, consisting of Presiding Judge of the Municipal Court Hayden Kane, City Attorney Chris Melcher, and City Clerk Sarah Johnson, rejected the Petition Committee’s arguments.

“This is a vitally necessary step to protect the rights of citizens to safe, clean, and healthy air, water and land,” noted CSCCR board member Karyna Lemus. “We must do this to preserve the quality of life in our exceptional city. It will preserve our economic vitality, property values, water, parks, wildlife and open space – for ourselves and future generations.”

In response to the Title Board decision, Student Attorney Jenni Barnes, commented, “It is an honor to work with citizens in their pursuit to protect the health, safety, and integrity of their local community. Unfortunately, members of CSCCR cannot even get their voice to the voters because of unapproved restrictions from the City Code.”

CSCCR chair Lotus (one legal name) continued, “The Colorado Springs City Council has been told by the Governor, the Colorado Oil and Gas Conservation Commission, the oil and gas industry, and our own City Attorney, that our city has very few rights. So few, in fact, that it cannot even protect the health and safety of its citizens and the quality of its water, air and soil. Our City Council has thus far been reluctant to vigorously stand up for the rights of this community by prohibiting fracking and drilling throughout the City. The City could avoid wasting tax dollars going to court and fix this rather quickly by standing up for the citizens’ right to clean air and water, or for the citizens’ right to vote on this matter.”

USEFUL LINKS:

CSCCR website:  www.frackfreesprings.org

CSCCR facebook page: www.facebook.com/ColoradoSpringsCitizensForCommunityRights

CSCCR Youtube channel: www.youtube.com/FrackFreeSprings

Environmental Law Clinic: www.law.du.edu/index.php/law-school-clinical-program/environmental-law-clinic

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