“We applaud the court for recognizing the legitimacy of Longmont's democratically enacted ban on fracking, the depth of public interest and concern, and the need for re-examining prior Supreme Court rulings on this issue. It is exceptionally rare for the Appellate Court to kick a decision up to the Supreme Court due to the profound implications of its decision.
As the court stated in today’s order: “In light of the public interest in and importance of the subject matter of the cases and of the legal issues implicated, they would seem to be cases as to which certiorari review by the Supreme Court is eminently appropriate.”
This decision emphasizes the profound “consequences” of fracking and re-emphsizes the lower judge’s decision that stated “Longmont and the environmental groups, the Defendant-Intervenors, are essentially asking this Court to establish a public policy that favors protection from health, safety, and environmental risks over the development of mineral resources. Whether public policy should be changed in that manner is a question for the legislature or a different court.”
We hope the Colorado Supreme Court will agree to consider these issues now and are optimistic that the right of local residents to protect their health, safety and property from fracking will be upheld.”