Gov. John Hickenlooper’s oil and gas task force spent the last six months immersed in one of the state’s toughest public policy challenges. Twenty-one civic-minded people of good faith met for dozens of hours to educate themselves and one another on the tapestry of legal, economic, technological and social issues that make regulating oil and gas development an undertaking of complexity, nuance and balance that defies simplicity and sound bites.
As participants on the task force affiliated neither with industry nor environmental interests — and representing both sides of the political spectrum — we want to spell out the significant accomplishments of this group. The task force last week forwarded recommendations to Gov. Hickenlooper that signify another step forward in the way Colorado effectively manages oversight of a critical industry while continuing to protect our high quality of life.
Context matters in this discussion. Our effort is only the latest chapter in work that dates to 2008, when Gov. Bill Ritter and the legislature fundamentally restructured the way Colorado regulates the industry by changing the makeup and the mission of the Colorado Oil and Gas Conservation Commission. Those actions were followed by a rulemaking of 18 months that added sweeping new safeguards for the environment and wildlife.
Under Hickenlooper, an uninterrupted sequence of rulemakings created protections for air and groundwater; put drilling further from neighborhoods; required disclosure of hydraulic fracturing chemicals; reduced effects of light, noise and odors; tightened spill tracking; and dramatically toughened penalties for rule-breakers. Those improvements come on top of a long list of staffing expansions, research projects and policy initiatives at the commission, including intensified collaboration with local governments.
Against this backdrop, our task force sorted through what more might be done to address the tension that can still arise when our fast-growing population resides near areas of important mineral resources under development with new technology. Lifestyle, health concerns, livelihoods, private property, our economy and energy are all woven deeply into the issue.
This task force began with a trust deficit expected when entrenched interests first come together. But over months of shared meals and day-long meetings across Colorado, members listened to an enormous spectrum of opinion from residents, elected officials and experts of all stripes. We also listened empathetically to one another, acknowledging the values and concerns of those with varying perspectives. This led to civil and productive conversation.
As an outgrowth of that process, we’ve now advanced recommendations to the governor that are intended to further harmonize the role of local and state authority in locating energy facilities, create a system to mediate disputes that may occur between industry and local governments, address questions of health impacts, and add yet more state oversight to protect people and the environment.
We do not believe these recommendations are a silver bullet. However, we do believe that they represent advances in a state where regulation has improved continuously for seven years and continues to evolve. We believe earnestly that if these recommendations are adopted, local governments will have a markedly enhanced ability to influence the location of oil and gas wells beyond the largely cooperative approach that already exists between state and local officials, particularly in urban areas or with respect to multi-well sites or production facilities.
No one believes our work will eliminate conflict in this area. Conflicts over energy development, indeed most land use matters, are always be with us. But we do believe our work will provide yet more tools to the people of Colorado and their local leadership to work through and resolve these disagreements. Elevating what is best for Colorado above personal agendas and embracing a collective sense of mission is the Colorado Way. Despite early cynicism and concerns about whether the task force could come to any consensus, the ultimate recommendations are, indeed, an example of the way Coloradans approach conflict and work together to try to achieve a better future.
Russell George and Elbra Wedgeworth are members of the governor’s task force on oil and gas. Members Rebecca Kourlis and Bernie Buescher shared authorship of this opinion.
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