Beneath Colorado’s Front Range–a stretch of the Rocky Mountains in the center of the state–billions of cubic feet of natural gas have been bubbling for millions of years. Above ground, the state’s supreme court ruled on Monday to overturn measures put in place by Fort Collins and Longmont–two towns that sit atop the reserves–to prevent fracking within the limits of their municipalities.

A lawsuit brought by the Colorado Oil and Gas Association to a lower court ended up invalidating both cities’ anti-fracking measures, and following an appeal by Fort Collins and Longmont, the case moved to the state’s high court.

The court overturned Fort Collins’s five-year freeze of fracking within its city limits, issuing the following statement:

“The supreme court concludes that Fort Collins’s five-year moratorium on fracking and the storage of fracking waste within the city is a matter of mixed state and local concern and, therefore, is subject to preemption by state law.”

Similarly, the fracking ban established by Longmont in 2012 was deemed “invalid and unenforceable.”

“Applying well-established preemption principles, the supreme court concludes that the City of Longmont’s ban on fracking and the storage and disposal of fracking wastes within its city limits operationally conflicts with applicable state law,” Justice Richard Gabriel wrote.

Colorado state law does not prohibit fracking, though the practice is regulated, and is among the most transparent in the country. State law also maintains the state’s authority in instances where a local government moves to push litigation involving the oil and gas industries.

Unsurprisingly, energy industry advocates were encouraged by the court’s ruling while conservationists were incensed.

“Oil and gas is ready to stand up for Colorado consumers and for Colorado’s place in the American energy renaissance,” Colorado Petroleum Council director Tracee Bentley told the Denver Post.

Conservation Colorado director Pete Maysmith expressed disappointment, advocating for “ground up” policymaking.

“Local governments should have the ability to call a timeout on drilling in order to better understand its impacts and ensure safety and public health,” he said.

While Monday’s ruling prohibits Fort Collins and Longmont from halting the practice of fracking, other Front Range towns voted for and still maintain regulatory measures (but not full force bans) for fracking on their land, namely Boulder and Lafayette.

As the demand for natural gas rises, it’ll be interesting to see how other states handle local attempts to regulate the potentially unsafe methods of natural gas extraction.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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In Colorado and thinking about smoking marijuana after work? Might want to reconsider that. Even though many Colorado residents qualify to use medical marijuana regularly, it can carry many consequences for consumers. In a landmark Colorado Supreme Court decision, Coats v. Dish Network, the court decided that employers can now lawfully terminate employees for using medical marijuana, even if they are off the clock.

This case originated in 2010 when Dish Network fired an employee, Brandon Coats, for not passing a random drug test. Testing positive for marijuana went against the company’s “zero-tolerance” drug policy. Coats is a quadriplegic who is licensed to use medical marijuana under Colorado state law to help ease the pain of his muscle spasms. He claims that he never used marijuana while working, nor was he ever high at work. Coats filed the lawsuit claiming that his rights were violated since he is legally allowed to use marijuana in the state of Colorado, so this should not affect his status of employment.

Colorado Supreme Court: Worker can be fired for using pot even though it's legal in state http://t.co/VNP5g4CEZY pic.twitter.com/DSeFkSGZJ4

— USA TODAY (@USATODAY) June 15, 2015

In a unanimous decision, all six judges ruled in favor of Dish Network, stating that the company was in the right when it let go of Coats. This case sets a precedent for future workplace conflicts over the matter. Medical marijuana is legal in Colorado, as well as recreational marijuana, but it is still illegal in all forms under federal law. Federal law trumps state law and so despite some people being able to obtain licenses to use medical marijuana, they still have to obey their employers’ drug policies.

Colorado is one of the most liberal states in the United States when it comes to marijuana use, as it legalized the medical consumption of it in 2001, and the recreational use of it became legal in 2012.  Marijuana use in Colorado has become ubiquitous. Doctors prescribe medical marijuana to patients for a multitude of reasons, such as to help combat the nausea induced by chemotherapy, to treat seizure disorders, or to curb the poor appetite and weight loss associated with HIV. People can grow the plant in their basements and there are dispensaries throughout many of the major cities. People can even take yoga classes focused on marijuana or marijuana themed cooking classes. Reports state that the legalization of cannabis has caused crime rates to decrease, lowered unemployment rates, and has contributed to greater economic growth thanks to the enormous tax revenues that the sales have created.

This decision will clear up many issues in Colorado, although it could also cause tensions to rise among citizens throughout the state and the whole country. Seeing how this case will impact other states’ decisions regarding the workplace and the use of medical marijuana will be interesting, considering that 23 other states have legalized it for medical consumption so far. To avoid future legal problems, this decision will likely prompt other companies to devise new drug policies so it is clear what they expect of their employees.

Toni Keddell

Toni Keddell is a member of the University of Maryland Class of 2017 and a Law Street Media Fellow for the Summer of 2015. Contact Toni at staff@LawStreetMedia.com.

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