Morning Brief: COGCC reverses order to postpone CDP hearing during litigation

The following is a press release from Boulder County and is published by the Longmont Observer as a public service.

Est. Reading Time: 2 minutes

On December 17, 2018 the Colorado Oil and Gas Conservation Commission (COGCC), by a vote of 6-2, reversed the order issued by the Hearing Officer to postpone the hearing on Crestone Peak Resources’ Comprehensive Drilling Plan (CDP) pending the outcome of the County’s lawsuit against Crestone. This means the hearing on the CDP and its associated drilling and spacing units will be scheduled for a future COGCC hearing, date to be determined.

“We are very disappointed with the COGCC decision,” said Commissioner Elise Jones. “The lawsuit challenges Crestone’s legal rights to land and minerals in the CDP and the COGCC should not consider development when those rights are uncertain.”

Despite the reversal at the COGCC, Boulder County’s lawsuit against Crestone will proceed in the Boulder County District Court.

“Even if the COGCC approves the CDP and all of Crestone’s other permits, those determinations can be overturned if the court finds in our favor on the lease and conservation easement questions,” said Commissioner Deb Gardner.

“Going ahead with the state agency hearing when the court rulings might conflict with COGCC decisions is a waste of everyone’s time,” said Commissioner Cindy Domenico.

In addition to the COGCC hearing and the lawsuit, any drilling in Boulder County would require approval by the Board of County Commissioners through the County’s Special Review process.

The new date for a CDP hearing will be announced on the Boulder County website and through its oil and gas news email list as soon as it is set.

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