ELR Citation: 44 ELR 20225
No(s). 14CV30092 (Colo. Dist. Ct. Sep 25, 2014)

A Colorado court held that a voter-approved local ban on hydraulic fracturing cannot apply retroactively to ban oil and gas operations that a city approved in a prior agreement. The city entered into a memorandum of understanding in August 2013 allowing a company to engage oil and gas exploration and extraction. In November 2013, voters approved an amendment to the city's home rule charter that placed a moratorium on oil exploration and extraction within city and county limits. The charter amendment was intended to apply retroactively, but this violates the Colorado Constitution’s prohibition regarding ex post facto laws. As such, the ban cannot be used retroactively to bar the company's oil and gas operations.