City of Longmont v. Colorado Oil and Gas Ass'n

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 efficient and responsible development of oil and gas resources. The court also rejected the argument that the Colorado Constitution’s inalienable-rights provision prevented preemption. It affirmed the district court’s order invalidating and enjoining enforcement of the article and remanded for further proceedings.