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Small Laws, Great Crimes: the Colorado Oil and Gas Conservation Act

Small Laws, Great Crimes: the Colorado Oil and Gas Conservation Act

It’s been said that small laws breed great crimes.  The Colorado Oil and Gas Conservation Act is such a law.  The crimes committed against the people in its name are legion.

But it got even more criminal last week when the Colorado Supreme Court decided the protection of public health and the environment was not the purpose of the law, that, instead, the public must share their lives and fortunes with the economic interests of the oil and gas industry.  Indeed, the public’s interests might have to be sacrificed if protecting them proves too costly for the industry.

The implication, it could be argued, is that the state constitution got it wrong, and that a court dominated by corporate lawyers is setting it right.   The first provision in the Colorado Constitution’s Bill of Rights says quite clearly:

 “All political power is vested in and derived from the people; all government, of right, originates from the people, is founded upon their will only, and is instituted solely for the good of the whole.” Colo. Const. Art. II, Section 1.

In reaching out to smack down the rights of the people–the constitution’s “good of the whole” over the rights of money–the High Court also took a meat axe to Section 3, which says:

All persons have certain natural, essential and inalienable rights, among which may be reckoned the right of enjoying and defending their lives and liberties; of acquiring, possessing and protecting property; and of seeking and obtaining their safety and happiness. Art. II, Section 3

It’s also a fact that the constitution can only be changed by a vote of the people, but perhaps I’m becoming tedious.  Still, when the lawless are the men and women festooned in black preaching from a high bench in a marbled palace that Albert Speer would envy, a word of bemusement may be warranted.

 …click on the above link to read the rest of the article…

Fracking Future Shock in Colorado   

Fracking Future Shock in Colorado   

If fracking treated all people equally, that is, if every person in Colorado were threatened with anywhere from 10 to 50 fracked wells in their neighborhood, the oil and gas industry would be long gone. But it doesn’t, so only a minority of Coloradans reap the whirlwind in the state’s fracking fields.

That Prop 112, a citizen setback initiative, made it onto the fall ballot and that about one million Coloradans supported it shows there is growing public awareness and concern over industrial fracking. It mandated 2500 foot drilling setbacks from homes and other essential human resources such as watercourses. The oil and gas industry defeated the initiative by spending $40 million to create uncertainty about the factual health and safety hazards of fracking. That money onslaught influenced statewide politicians from both parties who didn’t want those deep pockets turned inside out on them. For too many, it appears, the business of government is business.

As a species we hate uncertainty.  Like the cigarette industry before it, the oil business and their political allies have adopted uncertainty as their life blood. Sure, many people get sick living near fracking sites, but some don’t, say they. The air quality along the front-range is deteriorating and is a threat to all, but it’s not all the fault of frackers in Weld County, say they. And so it goes, for certainty is elusive in the complicated world we’ve created.

Still, some things about fracking are certain. As an example, fracked wells decrease in production very rapidly, after which they must be properly closed. The state contains over 100,000 wells, and about half are closed or inactive.  A small subset, of roughly 720 wells, are called orphaned wells.  These are wells where ownership can’t be determined.

…click on the above link to read the rest of the article…

Olduvai IV: Courage
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Olduvai II: Exodus
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