City of Boulder Five Year Fracking Suspension, Question 2H (November 2013)
|Voting on the Environment|
|Not on ballot|
- 1 Election results
- 2 Text of measure
- 3 Support
- 4 Opposition
- 5 Media endorsements
- 6 Related lawsuits
- 7 Similar measures
- 8 See also
- 9 External links
- 10 References
This measure converted the current one year moratorium on fracking to a five year ban.
Below are the election results as of Wednesday at 12:18 pm.
|Boulder Question 2H|
- These results are from the Boulder County elections office.
Text of measure
The question on the ballot:
|Shall Ordinance No. 7907 be amended to extend the current moratorium on new oil and|
The full text of Ordinance 7915 is available here.
- East Boulder County United 
Arguments in favor
Supporters of fracking bans argued that the fracking process allows methane gas and carcinogenic and toxic chemicals to be released into groundwater. And in general they claimed that fracking is harmful to the nearby air and water and that citizens have a right to ban it in populated areas like cities and towns.
Boulder resident Ben Binder defended fracking at a city council meeting, saying the city attorney's analysis was biased and one-sided. Binder said, "The fear of fracking is based on a lot of false and exaggerated information."
Some, although opposed to fracking, were worried that a long-term ban such as Question 2H could make Boulder the focus of a legal battle as in Longmont, potentially removing the city's power to regulate the gas and oil industry.
The Boulder Weekly: Concerning Quesiton 2H, the staff of the Boulder Weekly wrote:
- "This five-year moratorium, while a bit long as far as moratoria go, is needed to allow the science — and our publicly elected policymakers — to catch up with the possible deleterious effects associated with oil and gas exploration, from air and water pollution to massive drains on our water supply to earthquakes caused by injecting wastewater into the earth.
- Five years from now, several key studies — including a $12 million one at the University of Colorado funded by the National Science Foundation — will be completed, and we’ll know a lot more about whether the risks associated with practices like fracking are worth the gain. We’ll be voting for 2H."
In 2012, Longmont voters approved a citizen initiated charter amendment to ban hydraulic fracturing or fracking, a contentious method of extracting oil and gas. The measure was approved by nearly 60 percent of voters. Two lawsuits were filed against Longmont over this ban. The most recent lawsuit features the Colorado Oil and Gas Association (COGA) and the state's Colorado Oil and Gas Conservation Commission as plaintiffs. According to a Colorado Open Records Act request, both lawsuits together had already cost the city of Longmont almost $69,000 in legal fees as of March 31, 2013. On July 24, 2014, Boulder District Court Judge Dolores Mallard overruled the ban, saying that the city of Longmont "does not have the authority to prohibit what the state authorizes and permits." Mallard cited Voss v. Lundvall, a 1992 court ruling that gave states, rather than cities, control over oil and gas extraction regulations and bans. Question 300, however, remains in effect, since the ruling was immediately put on hold due to an appeal by Question 300 supporters. Anti-fracking lawyers and activists have pledged to take the appeal all the way to the Supreme Court if that is what it takes. Although Mallard's ruling will be counterfeited by a ruling from a higher court, it sets in motion a process likely to result in a judicial precedent that could apply to all of the many local ballot measures that seek to ban fracking in Colorado.
Question 300: City of Lafayette "Community Rights Act" Fracking Ban Amendment
Question 300: Broomfield Five Year Fracking Suspension
Question 2A: City of Fort Collins Five Year Fracking Suspension
City of Loveland Two Year Fracking Suspension Initiative
- Boulder County elections office, November 5, 2013 ballot content, accessed October 10, 2013
- Coloradan.com, "Fracking moratorium passed by Boulder City Council," June 5, 2013
- Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.
- East Boulder County United website, accessed October 10, 2013
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Cite error: Invalid
- Dangers of Fracking website, accessed October 10, 2013
- Daily Camera, "Boulder approves one-year fracking moratorium," June 4, 2013
- The Boulder Weekly, "Election Guide 2013: Yes on Boulder Ballot Question 2H," October 17, 2013
- Coloradan.com, "As Fort Collins awaits similar fracking lawsuit, Longmont racks up $69,000 in legal fees," May 2, 2013
- Inside Climate News, "Colorado: Judge Strikes Down Town's Fracking Ban," July 25, 2014
- Times Call, "Longmont seeks reversal of ruling that overturned city's fracking ban," January 17, 2015