Martinez v. COGCC: Balancing Public Health and Energy Development

Colorado Oil & Gas Conservation Commission v. Martinez examined the Commission’s refusal to adopt a proposed rule requiring the best available science to establish that oil and gas development would cause no adverse cumulative impacts before permits could be issued.

The Colorado Supreme Court ruled for the Commission, holding that the governing statute requires the agency to balance resource development with public health, safety, and environmental protection rather than impose an absolute no-adverse-impact condition. The ruling also recognized the Commission’s discretion in deciding whether to undertake the proposed rulemaking.

Original article:https://www.whitcomblawpc.com/business-law-blog/martinez-v.-cogcc-balancing-public-health-and-energy-development