Submitted to the Colorado Energy and Carbon Management Commission (ECMC) on May 3, 2024.
May 3, 2024
Dear ECMC Commissioners,
We, a coalition of Colorado environmental organizations, write to express our strong opposition to the proposed Lowry Ranch Comprehensive Area Plan (CAP) proposal in southeast Aurora. This proposal poses a significant threat to public health, safety, welfare, and the environment, and approving it would undermine Colorado’s commitment to regulating in a manner consistent with these essential values.
Postpone Decision Until Cumulative Impacts Rules are Implemented
We strongly urge the Energy and Carbon Management Commission (ECMC) to pause the review of new and pending permit applications until the new rules addressing the cumulative impacts of oil and gas development are fully implemented. Specifically, we request a delay in the decision on the approval of the Lowry Ranch Comprehensive Area Plan (CAP) until the new cumulative impacts (CIs) rules are in effect.
We share concerns about the Commission’s progress in implementing Senate Bill 19-181’s mandate to evaluate and address cumulative impacts of oil and gas operations. The cumulative impacts of oil and gas operations on the climate, public health, the environment, air quality, water quality, noise, odor, wildlife, biological resources, and Disproportionately Impacted Communities (DICs) in particular have yet to be addressed. The current process for evaluating cumulative impacts is insufficient, and there is a pressing need for comprehensive action to address these impacts effectively.
Air Pollution
One significant concern among many is the CAP’s location within the Denver Metro/North Front Range area that the U.S. EPA has classified as being in “severe” nonattainment for ozone pollution. The area already suffers from unhealthy levels of air pollutants, and any new source of emissions from oil and gas operations would exacerbate the problem. As you are well aware, ground level ozone air pollution raises significant environmental and public health concerns. It is critical that review of the CAP’s impacts to air quality receive the full benefit of the cumulative impacts rules.
Environmental Justice
Another important area of concern is environmental justice. Senate Bill 19-181 and the Environmental Justice Act mandate prioritizing protections for Disproportionately Impacted Communities (DICs). However, the ECMC’s actions to approve three CAPs (Bronco, Box Elder, and Guanella) in recent years, all within the front range ozone nonattainment area, demonstrate that DICs are still not being prioritized for protections. A majority of the Box Elder and Bronco CAPs are DICs, and the Bronco CAP will impact many DICs around Greeley. The same applies to the Lowry Ranch CAP, where the northern third of the CAP area is a DIC with some of the most toxic air and polluted waterways in the state. The environmental justice implications of these fracking CAPs cannot be overstated. The cumulative impacts on these DICs and all of the communities impacted by the proliferation of fracking across the front range deserve far better protections and considerations than they have received to date.
Community Input and Participation
The concerns of impacted residents within the CAP boundary, along with the active involvement of local community opposition groups such as Save the Aurora Reservoir (STAR), further underscore the urgency of addressing the cumulative impacts of oil and gas operations.
Impacted residents and community groups from within the CAP boundaries have actively engaged in, and even participated as a formal party to, the stakeholder process for the cumulative impacts rulemaking ECMC began earlier this year. Since that rulemaking process was suddenly canceled and the rulemaking postponed until September of this year, approval of the CAP without the benefit of the cumulative impacts rules in place would be unfair to those impacted Coloradans and a failure to address their concerns.
Conclusion
In conclusion, we urge the Commission to prioritize public health, safety, welfare, and environmental protection in its decision-making process by denying the Lowry Ranch CAP application, or at a minimum delay the CAP application decision until after the new cumulative impacts rules take effect. This decision is a critical opportunity for Colorado to demonstrate its commitment to regulating in a manner consistent with its stated values — impacted communities around the state expect nothing less.
Thank you for your attention to this urgent matter.
Sincerely,
350 Colorado, Bobbie Mooney, Beyond Oil & Gas Coordinator
Environmental Justice Director, Nikie, Wells, Black Parents United Foundation
climate movement co., Brent Goodlet, Lead Organizer
Colorado Rising, Jared Bynum, Climate Justice Coordinator
Earthworks, Andrew Klooster, Colorado Field Advocate
GreenLatinos, Patricia Nelson, Colorado Fossil Fuel Just Transition Advocate
PSR Colorado – Physicians for Social Responsibility, Lauren Swain, Coordinator
Save The Aurora Reservoir, Randy Willard, Board Member
Sierra Club Colorado, Alexis Schwartz, Senior Field Organizer
