Arguing that citizens have the right to self-government and that it has the authority under home rule to establish a fracking moratorium, Fort Collins filed their response to a pending lawsuit Monday.
“The city is taking the citizen initiative very seriously in all the aspects that the voters asked us to consider,” said Laurie Kadrich, the city’s Community Development and Neighborhood Services Director.
The Colorado Oil and Gas Association filed suit against Fort Collins [.pdf] over a voter-approved fracking moratorium shortly after Initiative 2A passed in the 2013 off-year election.
While Fort Collins’ city council members narrowly opposed the fracking moratorium, the city appears poised to take on the legal battle at hand. The legal response [.pdf] asks that the court:
... deny all claims alleged in Plaintiff’s Complaint [COGA], enter an order dismissing the Complaint with Prejudice, and award the City all costs and attorney’s fees incurred in defending against Plaintiff’s claims.
“We are responding to the COGA lawsuit with the best legal defense we believe is possible,” said Kadrich. Fort Collins has retained special council with the Boulder-based law firm Sullivan, Green & Seavy.
In addition to Fort Collins, COGA has also filed suit against the city of Lafayette over their voter-amended home rule charter banning oil and gas activities. On another front, COGA is involved in legal action with the city of Longmont over their 2012 ban.
