A lawsuit filed in July, 2011, by Citizens for Huerfano County (CHC) has effectively delayed Shell Western Exploration and Production Inc (SWEPI, a unit of Royal Dutch Shell ) from drilling and fracking an improperly-approved natural gas well at the location pictured above, just 2 miles west of our lovely La Veta. While the lawsuit drags on, Shell recently got approval to drill four oil wells near Gardner, about 20 miles north of La Veta, and will likely frack them within a year.
This update is dated September 2012. Please check back for updates on an approximate quarterly basis.
Here is a timeline of CHC’s experience so far, as we do all that we can to fulfill our mission:
To protect our health, safety and environment from the effects of oil and gas development in Huerfano County.
As you will see, we begin by explaining in some detail what went on, but become more terse as time goes on.
On April 27, 2011 Shell Western Exploration and Production, Inc (SWEPI) filed Forms 2 and 2A with the Colorado Oil and Gas Conservation commission (COGCC) to drill a hydraulically fracked, exploratory, multi-zone, directional, 14,000 ft deep natural gas well about 2 miles west of our town (La Veta) and abt 18 miles west of the City of Walsenburg in Huerfano County, CO. The well site is on private land; J. J. Klikus owns both the mineral and surface rights.
By COGCC rules, our local government designee (LGD, in COGCC parlance), the County Administrator John Galusha, should have been notified by email by the COGCC of this filing. Neither he nor COGCC notified the public.
May 3: SWEPI approached the City of Walsenburg to buy water (backwash from their water treatment plant) to use in the hydraulic fracking operation. This was publicized (but no info on where the site was or the COGCC approval process) -- along with notice of a "presentation" June 1 by SWEPI to officials of the City of Walsenburg, Board of County Commissioners (BOCC) and Town of La Veta. Read the Huerfano World Journal report here.
We are fairly certain the commissioners violated the Sunshine Law in May and it seems likely they met to discuss the Klikus project with Shell representatives (see Huerfano World Journal article, published July 7, 2011). The commissioners’ comments at the June 1 meeting indicated great enthusiasm for the project. No public input was allowed at the meeting.
June 1: Walsenburg agreed to sell SWEPI the water, 5 acre-feet for $100,000.00. SWEPI said at the June 1 presentation they will haul the used water 100 miles away to a certified site after they pump it out. SWEPI did not mention at this meeting that they had also filed Form 15 for a large (225 x 110 x 14 ft) production pit (water table at 22 feet, located in seasonal stream area, sandy loam with known soil movement, less than a quarter mile from Middle Creek). Read the Huerfano World Journal report here.
By this time a group of concerned citizens had begun to work to figure out how to protect our health, air, land, and water from this imminent threat. We quickly learned that our opportunity to provide input to the COGCC on the SWEPI application had been waived for lack of action by the LGD (he was on vacation and unreachable until June 16). We began preparing to file a request for a public hearing on the permit, under COGCC Rules 305.d(2) and 503.b(7).
June 9: COGCC approved the SWEPI application, despite obvious discrepancies and deficiencies on the applications, lack of notice to adjacent landowners, lack of evaluation of health and environmental effects, and failure to notify us and to allow public input.
June 13: We sent an email summarizing action to date and begging for help, to each state and national senator and representative who covers our area, plus Colorado’s Governor, Lt Gov, majority and minority heads of U.S. Senate Committee on Environment and Public Works, plus the Natural Gas Subcommittee of the DOE (shalegas.energy.gov). As of June 30, we only had “real email” response from Lt Gov’s office (with list of people in COGCC to send our complaint to) and one Senator, Wes McKinley, who wanted to know when the next meeting would be held.
--- --- --- 2011 --- --- ---
On April 27, 2011 Shell Western Exploration and Production, Inc (SWEPI) filed Forms 2 and 2A with the Colorado Oil and Gas Conservation commission (COGCC) to drill a hydraulically fracked, exploratory, multi-zone, directional, 14,000 ft deep natural gas well about 2 miles west of our town (La Veta) and abt 18 miles west of the City of Walsenburg in Huerfano County, CO. The well site is on private land; J. J. Klikus owns both the mineral and surface rights.
By COGCC rules, our local government designee (LGD, in COGCC parlance), the County Administrator John Galusha, should have been notified by email by the COGCC of this filing. Neither he nor COGCC notified the public.
May 3: SWEPI approached the City of Walsenburg to buy water (backwash from their water treatment plant) to use in the hydraulic fracking operation. This was publicized (but no info on where the site was or the COGCC approval process) -- along with notice of a "presentation" June 1 by SWEPI to officials of the City of Walsenburg, Board of County Commissioners (BOCC) and Town of La Veta. Read the Huerfano World Journal report here.
We are fairly certain the commissioners violated the Sunshine Law in May and it seems likely they met to discuss the Klikus project with Shell representatives (see Huerfano World Journal article, published July 7, 2011). The commissioners’ comments at the June 1 meeting indicated great enthusiasm for the project. No public input was allowed at the meeting.
June 1: Walsenburg agreed to sell SWEPI the water, 5 acre-feet for $100,000.00. SWEPI said at the June 1 presentation they will haul the used water 100 miles away to a certified site after they pump it out. SWEPI did not mention at this meeting that they had also filed Form 15 for a large (225 x 110 x 14 ft) production pit (water table at 22 feet, located in seasonal stream area, sandy loam with known soil movement, less than a quarter mile from Middle Creek). Read the Huerfano World Journal report here.
By this time a group of concerned citizens had begun to work to figure out how to protect our health, air, land, and water from this imminent threat. We quickly learned that our opportunity to provide input to the COGCC on the SWEPI application had been waived for lack of action by the LGD (he was on vacation and unreachable until June 16). We began preparing to file a request for a public hearing on the permit, under COGCC Rules 305.d(2) and 503.b(7).
June 9: COGCC approved the SWEPI application, despite obvious discrepancies and deficiencies on the applications, lack of notice to adjacent landowners, lack of evaluation of health and environmental effects, and failure to notify us and to allow public input.
June 13: We sent an email summarizing action to date and begging for help, to each state and national senator and representative who covers our area, plus Colorado’s Governor, Lt Gov, majority and minority heads of U.S. Senate Committee on Environment and Public Works, plus the Natural Gas Subcommittee of the DOE (shalegas.energy.gov). As of June 30, we only had “real email” response from Lt Gov’s office (with list of people in COGCC to send our complaint to) and one Senator, Wes McKinley, who wanted to know when the next meeting would be held.
June 14: Huerfano County Planning and Zoning (P&Z) met to recommend a public hearing on July 12 regarding SWEPI's application for a county-level conditional use permit (CUP). County Commissioners moved that up to June 28. Read the Huerfano World Journal report here.
June 16: We sent an official request for public hearing to COGCC, copying everyone we had been asked to, plus a few more, and begged LGD John Galusha to sign (only the county has legal standing to file for this). LGD did not sign but did forward our email to the Director of COGCC. LGD sent a short email that morning to us (and everyone else that we had sent our request to yesterday) stating “Please be informed that Huerfano County did not request a public hearing. I forwarded your email to [COGCC’s director at the time] David Neslin.”
June 17: Later in the morning, Neslin sent an email denying our request because it did not come from local government. In his email, Neslin said that he had spoken by telephone with LGD Galusha, who said the County Commissioners had not directed him (Galusha) to file the request.
June 21: CHC received “the Deranleau memo,” from COGCC staffer Greg Deranleau.. It went through our issues (the June 15 version) and cited all the COGCC rules and procedures which he said had been followed and asserted that these measures, already taken in the course of the permit process, were adequate to address our issues.
June 23: The La Veta Public Library sponsored a Public Forum with presentations from geology and geophysical professionals, as well as information from the Sierra Club and a local environmental activist. At least 100 people attended, most of them outraged at the scope of the project and the complete lack of public notice and involvement. Five members of Planning and Zoning were there, but none of the three county commissioners.
June 26: LGD Galusha said in email that he had not been notified by the COGCC of the Shell well application filings.
June 16: We sent an official request for public hearing to COGCC, copying everyone we had been asked to, plus a few more, and begged LGD John Galusha to sign (only the county has legal standing to file for this). LGD did not sign but did forward our email to the Director of COGCC. LGD sent a short email that morning to us (and everyone else that we had sent our request to yesterday) stating “Please be informed that Huerfano County did not request a public hearing. I forwarded your email to [COGCC’s director at the time] David Neslin.”
June 17: Later in the morning, Neslin sent an email denying our request because it did not come from local government. In his email, Neslin said that he had spoken by telephone with LGD Galusha, who said the County Commissioners had not directed him (Galusha) to file the request.
June 21: CHC received “the Deranleau memo,” from COGCC staffer Greg Deranleau.. It went through our issues (the June 15 version) and cited all the COGCC rules and procedures which he said had been followed and asserted that these measures, already taken in the course of the permit process, were adequate to address our issues.
June 23: The La Veta Public Library sponsored a Public Forum with presentations from geology and geophysical professionals, as well as information from the Sierra Club and a local environmental activist. At least 100 people attended, most of them outraged at the scope of the project and the complete lack of public notice and involvement. Five members of Planning and Zoning were there, but none of the three county commissioners.
June 26: LGD Galusha said in email that he had not been notified by the COGCC of the Shell well application filings.
June 28: At least 200 people attended the joint public hearing on SWEPI’s Conditional Use Permit (CUP) with Huerfano County Planning and Zoning and BOCC. More than 50 citizens spoke against the project, while about 5 spoke for it. Each person had 5 minutes. Our group verbally presented our Seven Safeguards (read here) and submitted them in writing. After the public input, a SWEPI spokesman dismissed us as ill-informed and assured P&Z and BOCC that they would do a good safe job, and the P&Z voted to approve the CUP with conditions (noxious weeds, signage, jobs for locals, but none of the Seven Safeguards). Read the Huerfano World Journal Report here.
June 29: BOCC approved the CUP. Read the Huerfano World Journal Report here.
July 8: Citizens for Huerfano County (CHC) formally organized and filed a complaint for judicial review of the permit, in the Denver District Court. The lawsuit names COGCC, David Neslin as Director of COGCC and SWEPI as defendants, and claims that the COGCC rules for notification and public input were not followed during the SWEPI Klikus 2-19 permitting, and that the denial of the CHC request for a COGCC public hearing on June 17 disregarded existing case law (Court of Appeals ruling in GVCA v COGCC), and seeking an order compelling COGCC to suspend the permit to redo the application process and to grant a public issues hearing.
July 11 – COGCC suspends SWEPI approvals for 20 days for County to comment
July 13 – BOCC unanimously votes not to comment further
July 29 – COGCC files Motion to Stay with Court of Appeals on GVCA v COGCC (relevant case)
August 1 – COGCC reinstates the SWEPI permit
August 2 – Shell files Motion to Dismiss CHC case with Denver District Court
August 3 – BOCC unanimously votes to intervene against CHC in the lawsuit
August 4 – CHC files Motion for Partial Summary judgment with Denver District Court. Meanwhile, SWEPI letter to BOCC states SWEPI will prepare for drilling but won’t drill until Colorado Supreme Court decides GVCA case
August 8 – BOCC files motion to intervene on CHC lawsuit
August 11 – CHC files motion to intervene on COGCC’s motion to stay in GVCA
August 16 – CHC files response to Shell’s motion to dismiss/stay in District, Shell files motion to delay briefing on CHC’s motion for summary judgment
August 17 - Court of Appeals denies COGCC motion for stay on GVCA
June 29: BOCC approved the CUP. Read the Huerfano World Journal Report here.
July 8: Citizens for Huerfano County (CHC) formally organized and filed a complaint for judicial review of the permit, in the Denver District Court. The lawsuit names COGCC, David Neslin as Director of COGCC and SWEPI as defendants, and claims that the COGCC rules for notification and public input were not followed during the SWEPI Klikus 2-19 permitting, and that the denial of the CHC request for a COGCC public hearing on June 17 disregarded existing case law (Court of Appeals ruling in GVCA v COGCC), and seeking an order compelling COGCC to suspend the permit to redo the application process and to grant a public issues hearing.
July 11 – COGCC suspends SWEPI approvals for 20 days for County to comment
July 13 – BOCC unanimously votes not to comment further
July 29 – COGCC files Motion to Stay with Court of Appeals on GVCA v COGCC (relevant case)
August 1 – COGCC reinstates the SWEPI permit
August 2 – Shell files Motion to Dismiss CHC case with Denver District Court
August 3 – BOCC unanimously votes to intervene against CHC in the lawsuit
August 4 – CHC files Motion for Partial Summary judgment with Denver District Court. Meanwhile, SWEPI letter to BOCC states SWEPI will prepare for drilling but won’t drill until Colorado Supreme Court decides GVCA case
August 8 – BOCC files motion to intervene on CHC lawsuit
August 11 – CHC files motion to intervene on COGCC’s motion to stay in GVCA
August 16 – CHC files response to Shell’s motion to dismiss/stay in District, Shell files motion to delay briefing on CHC’s motion for summary judgment
August 17 - Court of Appeals denies COGCC motion for stay on GVCA
August 25 - COGCC files motion for stay on GVCA in Colorado Supreme Court.
September 6 - CHC files as an intervenor in Colorado Supreme Court opposing COGCC motion for stay.
September 8 - COGCC files another delaying motion in District Court, asking that the deadline for their response to CHC’s August 4th motion for partial summary judgment be postponed until October 24.
September 8 - Huerfano Board of County Commissioners (BOCC) files two motions in District Court, one including an affidavit by county administrator and local government designee (LGD) John Galusha, stating that he knew on April 27, 2011 of Shell’s Klikus well application.
September 15 - CHC files response to Huerfano BOCC.
September 16 - District Court Judge Brian Whitney grants COGCC the new deadline of October 24.
October 12 – COGCC files motion to dismiss on the first claim (lack of public notice), or alternatively to stay on claims 2 and 3 (no public opportunity for written comment, no public hearing)
October 13 – District Court Judge Brian Whitney denies SWEPI’s motion to dismiss on claim 1 and grants SWEPI’s stay on claims 2 and 3 until December 13, pending action at the Colorado Supreme Court on GVCA v COGCC. Also on October 13, SWEPI filed a response to CHC’s motion for partial summary judgment.
October 20 – CHC files reply to SWEPI response to CHC motion for partial summary judgment
October 24 – COGCC files response to CHC motion for partial summary judgment
October 26 –CHC files response to COGCC motion to dismiss
October 28 – CHC files reply to COGCC response to CHC motion for partial summary judgment
November 7 –COGCC files reply to CHC response to COGCC motion to dismiss
November 7 – COGCC files motion to strike alleged “new” claim by CHC
November 8 – BOCC files as intervenor in support of COGCC’s motion to strike
November 30 – CHC files motion to compile the administrative record
November 30 – CHC members ventured to Denver to attend the oral arguments before the Colorado Supreme Court in GVCA v COGCC
December 7 – COGCC files response to CHC’s motion to compile
December 12 – SWEPI files motion to continue stay. Also on December 12, CHC files reply to COGCC response to motion to compile
December 14 – COGCC joins SWEPI in motion to continue the stay
December 15 – District Court Judge Brian Whitney denies COGCC’s motion to dismiss and suspends ruling on motion to stay until briefed.
December 19 -- CHC files response to motion to continue stay
--- --- --- 2012 --- --- ---
February 5 – District Court Judge Edward Bronfin, newly-assigned to the case and replacing Judge Brian Whitney, orders COGCC to compile the administrative record and instructs counsel for all parties to schedule a status conference with him.
February 29 – COGCC files 200+ page administrative record
March 14 – Status conference with Judge Bronfin, who extended the stay another 60 days (unless GVCA ruling comes sooner), and denied bifurcation (breaking the case into multiple claims, each heard separately, as requested by COGCC, SWEPI and Huerfano County) and instructed COGCC to review the record as compiled to be sure it is complete.
April, May, June – While waiting for Colorado Supreme Court to Rule on GVCA v COGCC, CHC attended another status conference with Judge Bronfin and received two additional “supplements” to the administrative record from COGCC.
June 26 – Co Supreme Court rules in favor of COGCC in GVCA v COGCC, effectively removing CHC’s claim to the right to a public hearing
July – CHC attorney attempt to negotiate settlement of remaining claims, that is (1) lack of public notice and consequent lack of opportunity to comment and (2) arbitrary and capricious approval by COGCC of the well, location and pit applications
August – CHC files a Briefing, COGCC and SWEPI file Responses
September 5 – CHC files its Reply. We await Judge Bronfin’s ruling or his further instructions.
September 5 – CHC files its Reply. We await Judge Bronfin’s ruling or his further instructions.
