Colorado Oil and Gas Conservation Commission and David Neslin

Summary

Justice Hobbs dissented from the court's resolution of the citizens' challenge to the denial of a hearing on drilling permits near the Ru-Hson blast site. The dissent would have held that citizens should be allowed to present evidence and arguments when the relevant local government declines to seek a hearing on significant public-health, safety, and environmental concerns, because the Commission's contrary interpretation of its rules was arbitrary and capricious. The dissent would have vacated the Commission's action and remanded for a hearing before the permit decision.