Lawsuit Over Crestone Agreement Names Erie, Mayor, and Trustees

ERIE, CO -- Erie residents filed a lawsuit Thursday against their town, its mayor, and its board of trustees, demanding public health and safety protections from a recently approved fracking agreement with Crestone Peak Resources, LLC. The lawsuit was filed by the citizens' group, Erie Thriving, a subsidiary of the Broomfield-based Resident Rights community empowerment organization. In a press release, the group states that the lawsuit is in direct response to the Acme Project, a recently-approved drilling pan that neighbors both Broomfield and Erie.

The suit alleges that the board of trustees' Nov. 4 approval of an Operator Agreement with Crestone is preempted by environmental protection provisions of the Colorado Oil and Gas Conservation Act, and claims that the board's handling of the Acme application represented violations of due process laws.

"Our Board of Trustees believes they do not have the power to protect us," said Rachel Balkcom, an area resident and one of the founders of Erie Thriving. "However, one of their primary constitutional powers is to create regulations necessary for the promotion and protection of residents’ health and well being. This is inarguably their moral duty as well."

"Public health and safety should be paramount, but the residents of Erie have filed hundreds of complaints with the Oil and Gas Commission and the Department of Public Health about the impacts of fracking operations that have been rubber stamped by the Town Board," said Dan Leftwich, an attorney on the case in a statement. "This Operator Agreement will enable even more dangerous fracking operations that residents must be able to challenge, as there is no evidence that the planned operations will protect the public health and safety."

Erie's mayor could not be reached for comment on Thursday.

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