Supreme Court of Colorado

Colorado Oil and Gas Conservation Commission and David Neslin

June 25, 20122012 Colo. LEXIS 458

Summary

The court held that the hearing provision in section 34-60-108(7) applies only to hearings concerning rules, regulations, orders, or amendments, not applications for permits to drill. Because permits are governed by section 34-60-106(1)(f), the Commission could establish by rule which parties may request an APD hearing, and its rules did not include GVC. The court therefore reversed the court of appeals and remanded for proceedings consistent with its opinion. Justice Hobbs, dissenting, would have held that denying concerned citizens a hearing was arbitrary and capricious when the relevant local government declined to represent them.