The Dirty, Messy Work of Cleaning Up After Oil & Gas in Colorado

There’s something about the words “rules-making process” that almost instinctively causes the vast majority of people’s eyes to glaze over. However, within the glaze of boredom for many, comes real power with significant consequences for our daily lives. 

The Colorado environmental movement knows this and has the paper cuts to prove it. 

Last October, the Colorado Energy & Carbon Management Commission (ECMC) adopted new rules that included “robust protections” for disproportionately impacted (DI) communities living with the cumulative impacts of oil and gas operations. It was clear that after the 18-month public process, the State of Colorado was calling the new rules a win.

The ECMC Chair, Jeff Robbins, claimed, “These rules represent the most protective standards for oil and gas development in our state’s history and require new measures to avoid, minimize, and mitigate adverse impacts on disproportionately impacted communities.” 

It was also clear that the Colorado environmental movement didn’t feel the same way, and their reaction to the new rules had a theme. 

Citizens for a Healthy Community: “Polis Administration Gives Oil And Gas Industry Roadmap For Expanding Neighborhood Drilling In Disproportionately Impacted Communities.”

Colorado Sierra Club Director Margaret Annexstein: “Gov. Polis ECMC has once again failed Coloradans and legislative mandates meant to protect us from severe pollution.” 

Conservation Colorado: “New Rules Help Address Oil And Gas Pollution, Fall Short Of Adequately Protecting Colorado Communities.”

The difference in tone wasn’t just noticeable, it was damning, and it raised some serious questions.

Thankfully, Yellow Scene had the opportunity to discuss these new rules with two people who were involved in the process. Ean Thomas Tafoya, who is the National Vice President of State Programs at GreenLatinos, and the Director of GreenLatinos Colorado. As well as Patricia Garica-Nelson, who is the Colorado Fossil Fuel Just Transition Advocate at GreenLatinos Colorado. 

Yellow Scene: In the letter regarding Cumulative Impact & Enhanced Systems & Practices signed by 23 state lawmakers on August 21st to the Department of Natural Resources and the Energy and Carbon Management Commission – these lawmakers claimed that the draft rules at that time significantly deviated from the intent of the laws passed (BH 24-1346, SB24-229, and HB24-1338). 

Do you agree with the statement that the rules in effect today deviated significantly from the intent of the laws?

Patricia Garica-Nelson: “Yeah, initially in the June draft, there would have been a hard 2000-foot setback, no exceptions. The agency did pull that back, and so there are more off-ramps for operators to get around that setback. So I feel like that one of the biggest issues that we left unresolved was that proximity approach that was something that we had really pushed for. We had tried to get, you know, a bigger setback, at least 2500 feet, but we were unsuccessful.

“I do want to mention, when it comes to notification, we were able to include notifications for community members within 4000 feet of a new site within Disproportionately Impacted Communities (DIC). I feel like it is positive that we are requiring more; we’re requiring more engagement with communities further and further away from sites. So that’s really positive. We also included operators also have to include more information about how their site will cumulatively impact or how that would add to the already existing cumulative impacts to communities. 

“But unfortunately, that wouldn’t be any criteria used for a denial of a permit. So at least now, I feel like we’re putting more safeguards for communities, not the ones that we wanted ultimately, but we’re slowly getting more protections into these roles.”

YS: Do you believe that these rules effectively protect communities of color low in communities and the residents who live in counties with significant oil and gas activities, such as Weld and Adams County? 

Ean Thomas Tafoya: “Are these rules more protective than the rules that existed before? Yes, are they the gold standard yet? No. And I will also say we have to wait for them to take effect for us to know how effective they are being. We’re only now doing interviews for the community liaisons. We do not know what the long-term effect will be with the commissioners’ decisions. And then, if you couple in the fact that we’re also headed to a new governor, and how and what the structure and tone of the commission will be, is probably the biggest hurdle.”

YS: ECMC chair Jeff Robbins, in a statement, claimed that these rules represent the most protective standards for oil and gas development in our state’s history and require new measures to avoid, minimize, and mitigate adverse impacts on disproportionately impacted communities. 

Do you believe that to be a true statement, considering the Chevron Corporation said it supported the ECMC “staff’s thoughtful revisions”?

Ean Thomas Tafoya: “100% these are the most protective rules that have ever existed at ECMC. But we, as environmental justice leaders, didn’t get everything we wanted. For example, the hard setback to protect communities.”

Patricia Garcia-Nelson:” Though these aren’t all the protections we were able to get in some protections, like the notification. A lot of the time, people don’t know what’s happening until it’s already been approved or it’s already getting built. So we feel that definitely there are more opportunities. More engagement for community members, and that was also part of the Environmental Justice Act 1266, that people in Colorado have a right to breathe clean air, drink clean water, but also have input in decision making or for the environment around them.”

YS: Citizens for a Healthy Community claimed that the Polis administration, through these rules, has given the oil and gas industry a quote: ‘road map’ for expanding neighborhood drilling in disproportionately impacted communities.

Is that how you see it? Do these rules allow for expanded drilling in neighborhoods?

Ean Thomas Tafoya: “I mean, they were operating under [previous] rules that allowed them to expand. These rules won’t preclude them from expanding, but the rules and the changes we got put more opportunity for the community to use their voice. And we at GreenLatinos feel like that is the strongest and first step because so many times we’ve been called into environmental justice situations, and leadership has said, ‘Well, nobody’s told us.’

“I can tell you time and time again that the process feels too much like the train’s already moving analogy, that it’s much more difficult. So, if communities are being informed about risk. And it’s not just this bill that is making a difference, right? 

“We’ve passed other legislation that actually can make a bad actor get their license taken away. You’re seeing that happen. We’ve passed; I’m trying to think we’ve had legislation that requires the disclosure of what’s in fracking fluid. I think this right-to-know concept is going to allow communities to make the decision for themselves about what is protective and not protective.”

Patricia Garica-Nelson: “Also, last year, we worked on a bill that would expand the powers that the air pollution control division has when it comes to holding people accountable. And so they expanded their powers to be able to take operators to court for their bad acting.”

YS: As you know, we have a new administration in the White House, and they have selected the CEO of fracking company Liberty Energy [Chris Wright] to be their pick for Energy Secretary. 

Do you have any thoughts or concerns about both Colorado Senators supporting Trump’s pick for energy secretary and the impact it could have on Colorado and the nation?

Ean Thomas Tafoya: “Yes, we are incredibly disappointed. We are disappointed to see our senators break not only for the Energy Secretary but also the Department of Interior Secretary. And I think, in particular, seeing the video of that CEO accosting the community youth, particularly with the sunrise movement, who are concerned about the actions that are being taken and the science that’s being ignored.”