City of Longmont Colorado Food and Water Watch Sierra Club Earthworks and Our Health, Our Future, Our Longmont V…

Summary

The court held that Longmont's charter article banning hydraulic fracturing and the storage or disposal of fracking waste was preempted by state law because it materially impeded the state's interest in the uniform and efficient regulation of oil and gas development. It clarified that determining the level of governmental concern is distinct from determining whether an operational conflict exists, and it rejected the argument that the Colorado Constitution's inalienable-rights provision prevented preemption. The court affirmed the injunction against enforcement and remanded for further proceedings consistent with its opinion.