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

Summary

The court held that Longmont’s ban on hydraulic fracturing and on storing or disposing of hydraulic-fracturing waste was preempted by state law because it materially impeded the state’s regulatory interests under the Oil and Gas Conservation Act and related regulations. The court also rejected the argument that the Colorado Constitution’s inalienable-rights provision prevented preemption. It affirmed the district court’s injunction and remanded for further proceedings consistent with its opinion.