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Environmentalists decry softening of proposed regulation of drilling’s impact on Colorado’s poorest communities

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Environmentalists decry softening of proposed regulation of drilling’s impact on Colorado’s poorest communities


Environmentalists and the oil and gas industry are battling over new state regulations that one side says would protect vulnerable communities that suffer the most from pollution and the other agues would effectively ban new wells in Colorado.

The latest clash involves the ongoing debate about how close those wells should be to homes.

Next month, the Colorado Energy and Carbon Management Commission must approve rules that define “cumulative impacts” of pollution and address how they affect what are known as disproportionately impacted communities across the state.

Gov. Jared Polis signed a bill last year directing the energy commission to establish rules regarding the cumulative impacts of drilling by considering how the oil and gas industry’s work can harm air and water quality, wildlife and public health, as well as increase odors and noise, in communities that are disproportionately impacted by pollution.

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The cumulative impacts rule comes on the heels of the commission’s decision this week to approve a comprehensive plan from Crestone to drill up to 166 petroleum wells near Aurora Reservoir, despite strong opposition from a nearby neighborhood where homes cost between $600,000 and $1 million.

At issue in the newest debate is a provision that would have required a company to receive consent from every resident or building owner within 2,000 feet of a proposed drilling site. Right now, rules state drilling sites must have a 2,000-foot setback from homes, hospitals, schools and office complexes, but there are exemptions that allow companies to drill and those permits are rarely denied.

Environmentalists say those exemptions provide numerous loopholes that allow the industry to drill wherever it wants, and this latest provision was needed to protect the communities that suffer the most from air pollution, noise, traffic and other issues caused by drilling.

“It creates more room for the industry to continue to produce oil and gas in disproportionately impacted communities,” said Patricia Garcia-Nelson, an advocate for GreenLatinos Colorado.

“Blunt instrument to ban the industry”

The energy commission has been working on drafts of the new cumulative impacts rule for months, and those early versions — reviewed by environmentalists, oil and gas companies and lawyers — included the requirement for consent from neighbors. That changed last week when the commission’s staff released the latest draft.

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Dan Haley, president of the Colorado Oil and Gas Association, said the industry urged the commission to drop the consent requirement.

“We feel those setbacks are unnecessary because they are a one-size-fits-all blunt instrument to ban the industry from Colorado,” he said.

The state already has rules in place to protect communities, Haley said.

Depending on the specific project, the state can require operators to use electric drilling rigs or install a closed-loop system that cuts toxic emissions. Regulators also can impose rules that reduce traffic, noise and odors, too.

“It’s not just about emissions,” Haley said. “Sometimes it’s about truck traffic. Sometimes it’s about odor. There are a lot of tools at the ready to make sure the communities are protected.”

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Haley also noted that effectively banning new wells in the state would force Colorado to buy its gasoline and petroleum products from other sources. That would have an environmental impact, too, because the product would have to be shipped, trucked and piped into the state.

Colorado is the fourth-largest state supplier of crude oil and eighth-largest natural gas producer, according to the Energy Information Administration. The industry contributes nearly $2 billion in state and local tax revenue in Colorado.

“The commission has listened to their concerns for years, which is why we have the most protective environmental standards in the world right here in Colorado,” Haley said of environmentalists. “Some of these groups are not going to be satisfied until there’s a ban on oil and gas in Colorado.”

Considering cumulative impacts

Environmental advocates say the state regulators who make decisions on drilling permits ignore communities where residents are mostly Latino, Black or Indigenous and whose income levels are often lower than the state average. A consent provision would have given them a stronger voice in decision-making for drilling permits.

“I’ve been doing testimony in front of the commission since 2017 and we keep hearing the same ‘the sky is falling’ claims from the industry, but… the concerns of the community have never changed, and they’re never been addressed,” Garcia-Nelson said. “It’s really heartbreaking.”

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To explain how cumulative impacts on a community should be considered, Garcia-Nelson, who lives in Greeley, offered as an example the neighborhood near the JBS Foods meatpacking plant on the north side of the city.

Three oil and gas operations sit within a half mile of the plant. There are homes less than a half mile from the plant and the drilling sites, and they’re all close to the Cache la Poudre River, she said.

If cumulative impacts were to be considered before issuing a drilling permit, regulators would need to consider how all of those industrial operations combine — air pollution, water pollution, traffic, noise and foul smells — to affect nearby residents rather than solely judging the impact of the single permit under consideration, as is the practice now.

Allowing residents to give consent would help people in a city surrounded by oil and gas drilling, Garcia-Nelson said.

“In Greeley, you can’t get away from it,” she said.

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“Only one set of concerns being addressed”

When the energy commission’s staff released the latest draft on Aug. 2, the provision that would have required consent to override setbacks was struck from the proposal.

Environmentalists were livid that the provision not only was gone, but that it had been removed seemingly out of the blue after months of drafts included it. Now, their written rebuttals are due Friday and they have little time to organize opposition ahead of rulemaking hearings that begin Sept. 3.

“It literally seems like the ECMC accepted every one of the industry’s concerns and stripped out every one of the community’s concerns,” said Rebecca Curry, an attorney for Earthjustice, a nonprofit law center that takes on legal cases for environmental groups. “They made a bunch of changes that go in the wrong direction.”

Andrew Forkes-Gudmundson, senior manager for state policy at Earthworks, said about a third of the oil and gas developments in the past few years have been within 2,000 feet of neighborhoods. And most of those neighborhoods qualified as disproportionately impacted by the state, which uses a population-based formula that takes into account ethnicity and race, income, housing costs and language barriers.

Those communities are least likely to fight back because they do not have the time and resources to read hundreds of pages of technical material and sit through lengthy meetings.

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“They’re most susceptible to having developments move in with little pushback,” he said.

That’s why regulators need to consider measures that protect those communities that suffer the most from toxic air pollution, Forkes-Gudmundson said. And it seems those regulators are going to ignore a legislative mandate to consider those neighborhoods in their decisions, he said.

“There’s only one set of concerns being addressed, and it’s certainly not to the disproportionately impacted communities who could have oil and gas developments in their backyards,” he said.

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‘It’s Not a Penalty’: Bednar Rips Officials For MacKinnon Ejection | Colorado Hockey Now

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‘It’s Not a Penalty’: Bednar Rips Officials For MacKinnon Ejection | Colorado Hockey Now


Head coach Jared Bednar is often calm and calculated during his postgame press conferences. But his frustrations were made loud and clear on Tuesday, following the Avalanche’s 4-3 loss to the Edmonton Oilers at Ball Arena in a game that saw superstar center Nathan MacKinnon get ejected late in the second period.

With the Avs on the power play trailing 2-1, MacKinnon entered the Oilers’ zone with speed and received an east-to-west pass from Martin Necas. MacKinnon’s shot went wide, but with little space to maneuver because Oilers defenseman Darnell Nurse was cutting in on him, MacKinnon barreled into goalie Connor Ingram and was handed a five-minute major and a game misconduct.

“[MacKinnon] makes the play on the puck, and I got his toes cutting up ice probably through the top of the paint, and Ingram’s on the goal line. There’s no chance that he hits the goalie if Nurse doesn’t run into him. He’s not hitting the goalie,” Bednar said, after watching his team fall to 43-11-9 on the season.

Ingram left the game with an injury and did not return.

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“I don’t care if he’s injured, not injured, if it’s a severe crash, not a severe crash. It’s not a penalty,” Bednar said. “If you put guys in your own goalie, it’s not a penalty.”

The MacKinnon call prematurely ended the Avs’ second power play of the night. They successfully killed off the 4:05 remaining on the major and tied the game, but couldn’t secure a point.

Ross Colton, Necas, and Valeri Nichushkin had Colorado’s goals. Unfortunately for Colton, he left the game with an upper-body injury in the second period and did not return.

“He took a shot from a player during the game and he kind of tightened up so he’s got an upper-body injury. Hopefully he loosens up for tomorrow and can play in Seattle,” Bednar said.

Mackenzie Blackwood started for the Avs after getting pulled in Dallas two games ago. He let in three goals on his first 10 shots before locking in later in the game. Blackwood made several big stops during the lengthy PK before Nichushkin tied it up. But it still wasn’t enough. Blackwood finished with 20 saves.

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The Oilers finished 2-for-4 on the power play, getting the game-winning goal from Connor McDavid on a spectacular give-and-go with Leon Draisaitl with 10:57 remaining in regulation. Both of them finished with two points, while Ryan Nugent-Hopkins had two goals.

Colorado had a power play after that, but could not capitalize. Necas’ tally came on the PP earlier in the evening, and the Avs finished 1-for-3. Colton’s goal came just 24 seconds into the first period, which snapped his nine-game goalless drought.

All of the Avalanche’s best plays were in the first and third periods. The second was a different story.

“I’ll give you an example, three or four times at the start of the second period, we try to go in on a rush, and we lose it and change, and they get odd-man rushes and a scoring chance against,” Bednar said. “You can’t do that. You can’t do that against anybody, never mind the best offensive team in the league.”

Edmonton also played with a shortened bench. On top of losing Ingram to an injury, forward Colton Dach, and defenseman Ty Emberson also left with ailments and did not return. From the moment MacKinnon was ejected, the pace of the game changed. Frustrations were noticeable on both sides.

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“It was a great game up until that,” Nazem Kadri said. “I think it was a good battle out there. Players were playing hard and, you know, it’s unfortunate that’s how it’s gotta end.”

Kadri was also vehemently against the MacKinnon call.

“I think Nate makes an effort. He’s diving across the top of the crease to try to get out of the way, like that’s a part of the rule for the player to at least make some sort of attempt. There was clear contact. I have no idea how that was a five-minute,” he said.

Good: Nichushkin Is Heating Up

When he’s been available to play, there haven’t been many bad stretches for Nichushkin. His on-ice production has been solid over the past three regular seasons. But this year, the 30-year-old veteran forward has had tough stretches. Entering the break, and coming out of it, Nichushkin wasn’t producing at the rate he usually does.

Over the past three games, he’s looked more like the power forward that we’ve grown accustomed to. And he’s gotten rewarded for it on the scoresheet.

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Bad: The Penalty

I had a hard time deciphering if it was or wasn’t a penalty on MacKinnon when it first happened. I watched replays, I slowed them down, and I started to form an opinion.

But regardless of whether MacKinnon should’ve been called for anything, it shouldn’t have been a five. That part I can’t wrap my head around.

Bednar was frustrated and asked about it again. He added, “I really don’t give a crap if the goalies hurt. That’s on their D.”

Good:

Bad: Defensive Breakdowns

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Each of the first three Edmonton goals were scored by guys that were open in front of the goal. On the first two,



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Colorado residents should prepare for Xcel power outages this week as fire danger surges, utility says

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Colorado residents should prepare for Xcel power outages this week as fire danger surges, utility says


Xcel Energy is warning its customers along the Front Range to be prepared for possible power outages this week as the risk of wildfire surges due to hot and dry weather.

“Due to the elevated risk of wildfire, enhanced powerline safety settings are active across out Front Range service territory,” according to a social media post from the utility. The settings make the powerlines more sensitive and prompt a line to stop the flow of electricity if an object touches a line.

The highest risk for wildfire danger will be Thursday, Friday and Saturday, when strong gusty winds are forecasted, according to the National Weather Service.

Humidity could be as low as 10% and winds may top 25 mph, leading to critical and extremely critical fire weather between Thursday and Saturday, forecasters said.

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Tens of thousands of customers have lost power in recent months from planned outages during fire danger and powerline damage from high winds.

In December, 86,040 Xcel customers lost power because of a mix of planned shutoffs and downed powerlines from high winds. The decision led some customers to criticize the utility, asking it to fine-tune its weather responses.

Some schools in northern Colorado schools preemptively canceled classes in January after Xcel announced a planned power shutoff for 9,000 customers in the area.



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An Evening Against Edmonton | Colorado Avalanche

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An Evening Against Edmonton | Colorado Avalanche


Edmonton Oilers (31-25-8) @ Colorado Avalanche (43-10-9)

8 p.m. MT | Ball Arena | Watch: TNT, truTV, HBO Max | Listen: Altitude Sports Radio (92.5 FM) 

After back-to-back shootout victories, the Avalanche concludes its two-game homestand on Tuesday against the Edmonton Oilers. This game is an Avalanche Cup Classic, presented by KeyBank, which will honor the 2022 Avs team that won the Stanley Cup and defeated the Oilers in the Western Conference Final. Tuesday’s game is the second of three regular-season meetings between the teams, as the Avalanche won 9-1 in Edmonton on November 8th, and they’ll play in Alberta on April 13th. 

Latest Result (COL): MIN 2, COL 3 (SO) 

Latest Result (EDM): EDM 4, VGK 2 

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Sunday Success

The Avalanche defeated the Minnesota Wild 3-2 in a shootout on Sunday at Ball Arena. Nathan MacKinnon and Nicolas Roy both scored for Colorado while Nazem Kadri posted an assist in his second Avs debut. In net for Colorado, Scott Wedgewood stopped 32 of the 34 shots he faced. MacKinnon opened the scoring at 12:19 of the second period with his 43rd goal of the season via a right-circle one-timer set up by Kadri, who began the play with an interception below the offensive-zone goal line. Kirill Kaprizov tied the game for Minnesota with a power-play goal at 4:17 of the third period when his pass from the right circle deflected into the net. The Wild took a 2-1 lead at 7:01 of the third period when Nico Sturm scored a shorthanded breakaway. Colorado tied the game at 12:39 of the third period when Nicolas Roy scored his first goal as an Av and sixth of the season via a net-front deflection on Brett Kulak’s slap shot. In the shootout, Valeri Nichushkin scored for Colorado in the first round, Matt Boldy scored for Minnesota in the second round and MacKinnon tallied the winner in the fourth round. 

Leading the Way

Nate the Great

MacKinnon leads the NHL in goals (43) while ranking second in points (104) and third in assists (61). 

All Hail Cale

Among NHL defensemen, Cale Makar is tied for second in points (66) while ranking fourth in goals (19) and assists (47). 

Marty Party

Martin Necas is tied for seventh in the NHL in points (76). 

Series History

In 135 regular-season games against the Oilers, the Avalanche has a record of 74-49-6-6. The teams have met three times in the playoffs, with the Avs winning the 1997 Western Conference Semifinals in five games and the 2022 Western Conference Final in four contests.  

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Sunday in Sin City

The Oilers defeated the Vegas Golden Knights 4-2 at T-Mobile Arena on Sunday. In the second period, Trent Frederic opened the scoring for Edmonton at 3:21 before Vegas’ Noah Hanifin tied the game at 13:09. The Oilers took a 3-1 third-period lead after goals from Vasily Podkolzin at 2:34 and Leon Draisaitl at 11:53. Jack Eichel cut the Golden Knights’ deficit to one with a shorthanded goal at 16:43 of the third period. Edmonton took a 4-2 lead when Kasperi Kapanen scored an empty-net goal at 18:03 of the third period. 

Producing Offense Against the Oilers

MacKinnon has posted 39 points (13g/26a) in 29 regular-season games against the Oilers, in addition to five points (3g/2a) in four playoff contests. 

Makar has registered 13 points (5g/8a) in 13 regular-season contests against Edmonton, in addition to nine points (2g/7a) in four playoff games. 

Kadri has recorded 25 points (12g/13a) in 30 regular-season games against the Oilers, in addition to four points (1g/3a) in three playoff contests. 

Edmonton’s Elite

Connor McDavid leads the Oilers in points (108), goals (35) and assists (73). 

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Draisaitl is second on the Oilers in points (92), goals (34) and assists (58). 

Evan Bouchard is third on the Oilers in points (73) and assists (55) while ranking fourth in goals (18). 

A Numbers Game

34

The Avalanche are 34-0-0 when leading after the second period this season. 

85

Colorado leads the NHL with 85 second-period goals this campaign. 

.806

The Avalanche’s .806 points percentage at home this season is the best in the NHL. 

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Quote That Left a Mark

“Emotional seeing the support I get here. It’s absolutely incredible. It makes me want to play harder for these fans and this team.” 

— Nazem Kadri on the support he received from Avalanche fans at Sunday’s game



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