L;ETTER TO THE EDITOR

Western Colorado communities cannot be legally disregarded by the State when those counties represent the very “disproportionately impacted communities” the State purportedly seeks to protect, according to a legal brief filed last week by a coalition of Northwest Colorado Counties and the West Slope Colorado Oil & Gas Association (WSCOGA).

The Colorado Air Quality Control Commission asked a Denver County District Court to dismiss the lawsuit filed by the counties and WSCOGA, which contends that new regulations targeting greenhouse gas emissions from midstream oil and gas companies fail to account for the significant negative impacts on western Colorado’s local economies, local school districts and unique pristine landscapes.

The lawsuit asserts that the rules disregard evidence, data and practical recommendations presented during the rule-making process. In addition, the commission ignored that Western Colorado’s air quality already meets and fully complies with Clean Air Act standards, and that the commission’s new overly burdensome rules will bring significant negative economic and environmental consequences, likely driving companies and the jobs they provide to states with less economically burdensome development restrictions.

The commission claims the counties — Mesa, Rio Blanco, Garfield and Delta — and WSCOGA do not have legal standing to challenge the new air quality rules.

But if not them, who?

These communities face real harm. These mandates threaten jobs, jeopardize essential local tax revenue and risk pushing our operators and their families out of Colorado. But when these communities try to defend themselves, the State says, “No, you don’t have that right.” It’s truly nonsensical.

Local schools, in particular, rely on this funding to provide educational opportunities, job training, infrastructure payments and critical resources that would otherwise be out of reach.

“These new rules put the very survival of our district in imminent jeopardy,” said Trevor Long, the superintendent of Plateau Valley School District 50. “Property taxes from a single midstream operator are responsible for 60-80 percent or our school district’s income.”

In 2022 alone, oil and gas property taxes yielded nearly $140 million for Garfield, Rio Blanco and Mesa counties, which went directly to schools, libraries, fire, public safety, emergency services and social services within counties.

“Not only do we lose property tax and well-paying jobs, but we also lose midstream infrastructure for the Piceance Basin, the second largest natural gas reserves in the U.S., which provides energy not only for local residents but also for the citizens of the United States,” said Garfield County Commissioner Tom Jankovsky.

The commission’s rules mandate midstream operators cut emissions by 20.5 percent from 2015 levels by 2030. This one-size-fits-all approach is unrealistic for rural operators and fails to consider the unique challenges faced on the Western Slope. There are challenging and mountainous terrain, inaccessible and unavailable electric power sources and tremendous economic costs and environmental impacts of replacing, retrofitting and laying miles of power lines in remote locations, around federal lands and water sources, and through pristine and protected environments.

In fact, one air quality and planning regulator has noted that in certain areas, compliance with the proposed rules is not “even technically feasible.”

The commission overlooked local needs and voices and the unintended negative economic and environmental consequences during the rule-making process and continues to ignore the impacted communities by seeking to dismiss their lawsuit.

“The stakes for us could not be higher. Our communities face real and devastating impacts from these new rules,” said Doug Overton, Chairman Pro-Tem for the Board of County Commissioners of Rio Blanco. “The costs significantly outweigh the benefits here.”

As the Executive Director of the West Slope Colorado Oil & Gas Association, Chelsie Miera leads the organization’s efforts to promote the benefits of natural gas and support the industry’s role in energy production and economic development. She is committed to strengthening industry partnerships, engaging in regulatory advocacy and showcasing the many ways energy companies contribute to the communities where they live and work.