GRAND VALLEY CITIZENS' ALLIANCE, Cary Weldon, Ruth Weldon, Wesley Kent, Marcia Kent, and Western Colorado Congress, Plaintiffs-Appellants,
v.
COLORADO OIL AND GAS CONSERVATION COMMISSION; David Neslin, in his official capacity as Acting Director of the Colorado Oil and Gas Conservation Commission; and EnCana Oil & Gas (USA), Inc., Defendants-Appellees.
Colorado Court of Appeals, Div. VII.https://leagle.com/images/logo.png
John W. Suthers , Attorney General, Casey A. Shpall , Deputy Attorney General, Cheryl A. Linden , First Assistant Attorney General, Matthew J. Lepore , Assistant Attorney General, Denver, Colorado, for Defendants-Appellees Colorado Oil and Gas Conservation Commission and David Neslin.
Welborn Sullivan Meck & Tooley, P.C., Keith D. Tooley , Lisa V. Ludwig , Denver, Colorado, for Defendant-Appellee EnCana Oil & Gas (USA), Inc.
Don K. DeFord , County Attorney, Deborah Quinn , Assistant County Attorney, Glenwood Springs, Colorado, for Amicus Curiae Board of Commissioners of Garfield County, Colorado.
Benjamin F. Gibbons , County Attorney, Monte Vista, Colorado, for Amicus Curiae Board of Commissioners of Saguache County, Colorado.
Michael Freeman , Denver, Colorado, for Amici Curiae San Luis Valley Citizens Alliance and Southwest Colorado Surface Owners Alliance.
Bruce T. Barker , County Attorney, Greeley, Colorado, for Amicus Curiae Board of Commissioners of Weld County, Colorado.
Steven J. Zwick , County Attorney, Telluride, Colorado, for Amicus Curiae Board of Commissioners of San Miguel County, Colorado.
Sheryl Rogers , County Attorney, Paul Kosnik , Assistant County Attorney, Durango, Colorado, for Amicus Curiae Board of Commissioners of La Plata County, Colorado.
David Baumgarten , County Attorney, Gunnison, Colorado, for Amicus Curiae Board of Commissioners of Gunnison County, Colorado.
John M. Ely , County Attorney, Christopher G. Seldin , Assistant County Attorney, Aspen, Colorado, for Amicus Curiae Board of Commissioners of Pitkin County, Colorado.
Newnam Land, LLP, Mary D. Newnam , Trinidad, Colorado, for Amicus Curiae Board of Commissioners of Las Animas County, Colorado.
Were plaintiffs, who challenged EnCana Oil & Gas (USA), Inc.'s applications to drill natural gas wells near a former nuclear blast site, entitled to a hearing before the Colorado Oil and Gas Conservation Commission? We answer yes.
First, we hold that plaintiffs have standing to sue because their alleged injuries — both procedural (denial of a hearing) and substantive (risk of harm to land they own and use) — are...
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