COGCC Amends Rules to Eliminate Right of Appeal for State Agencies
DENVER - The Colorado Oil and Gas Conservation Commission yesterday amended its rules to eliminate the right of two other state agencies to appeal permitting decisions made by the COGCC director.
The new rules require the COGCC to consult with the Colorado Department of Public Health and Environment and Colorado Division of Wildlife when proposed activities could adversely impact public health or important wildlife resources, respectively. Prior to today’s amendment, they also would have allowed each of these agencies to seek a hearing before the Commission on a drilling permit to raise public health or wildlife concerns.
Commissioners removed these appeal rights today after finding that any concerns that CDPHE and DOW staff might have with a particular drilling permit or location assessment for a new oil and gas facility would be fully considered. The COGCC’s nine-member commission includes the Executive Directors of the Colorado Department of Natural Resources, which oversees the DOW, and the Colorado Department of Public Health and Environment.
”The Commission’s action today responds to the concerns expressed by a number of legislators regarding these appeal rights,” said DNR executive director Harris Sherman. “We believe that it will simplify the regulatory process while still allowing for these agencies to bring their concerns to the Commission’s attention where necessary.”
The Commission also asked staff from CDPHE and CDOW to provide periodic updates on the manner in which their recommendations were being considered in the COGCC approval process.
The revision amends the final rules package adopted by the commission in December 2008. The COGCC agreed to revisit these two provisions in Rule 503 to address concerns raised during the legislative review of the rules.
The amendments take effect July 1, 2009.
Filed Under: Feature Articles • POLICYWATCH
Tags: COGCC • Dave Neslin • new oil and gas rules
