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Moratoriums and Community Rights The Precautionary Principle At Work.

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Presentation on theme: "Moratoriums and Community Rights The Precautionary Principle At Work."— Presentation transcript:

1 Moratoriums and Community Rights The Precautionary Principle At Work

2 The Precautionary Principle "The time to ensure the impacts on public health are properly considered is before a state permits drilling.” Nirav Shah, M.D., Commissioner for New York Department of Health on Reason for Statewide Moratorium

3 The Legislature Mandated A Precautionary Approach 1)“responsible, balanced development, production, and utilization of the natural resources of oil and gas in the state of Colorado... 2)...in a manner consistent with protection of public health, safety, and welfare, including protection of the environment and wildlife resources.” Colo. Rev. Stat. § (1)(a)(I) 1)“responsible, balanced development, production, and utilization of the natural resources of oil and gas in the state of Colorado... 2)...in a manner consistent with protection of public health, safety, and welfare, including protection of the environment and wildlife resources.” Colo. Rev. Stat. § (1)(a)(I) If The Second Part Is Not Met, Neither Is The First

4 The Opposite Of Precaution Issue Rules First “These Setback Rules are not intended to address potential human health impacts associated with air emissions related to oil and gas development.” COGCC Final Setback Rules (Adopted 2/11/13) at p.2.

5 “The Commission, after consulting with CDPHE, believes that there are numerous data gaps related to oil and gas development’s potential effect on human health and that such data gaps warrant further study.” Study Health Effects Later

6 Feedback is Essential To All Systems

7 Feedback In Colorado Longmont Boulder County City of Boulder Fort Collins Lafayette Broomfield Colorado Springs Loveland Local Control Initiatives Feedback In Colorado Longmont Boulder County City of Boulder Fort Collins Lafayette Broomfield Colorado Springs Loveland Local Control Initiatives

8 Feedback Across The Nation New York Moratorium Dryden, NY Case Vermont Ban Pennsylvania Case Pittsburgh Ban Los Angeles Moratorium Texas Jury Verdict Feedback Across The Nation New York Moratorium Dryden, NY Case Vermont Ban Pennsylvania Case Pittsburgh Ban Los Angeles Moratorium Texas Jury Verdict

9 If The State Won’t Protect The Public Local Governments Have That Power If The State Won’t Protect The Public Local Governments Have That Power

10 If Local Governments Won’t Protect The Public The People Have The Right And The Power To Protect Themselves If Local Governments Won’t Protect The Public The People Have The Right And The Power To Protect Themselves Colorado Constitution Art. II, Sec. 3; Art. V, Sec. 1


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