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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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Colorado attorney general expands lawsuit to challenge Trump ‘revenge campaign’ against state

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Colorado attorney general expands lawsuit to challenge Trump ‘revenge campaign’ against state


Attorney General Phil Weiser on Thursday expanded a lawsuit filed to keep U.S. Space Command in Colorado to now encapsulate a broader “revenge campaign” that he said the Trump administration was waging against Colorado.

Weiser named a litany of moves the Trump administration had made in recent weeks — from moving to shut down the National Center for Atmospheric Research to putting food assistance in limbo to denying disaster declarations — in his updated lawsuit.

Colorado Attorney General Phil Weiser speaks during a news conference at the Ralph Carr Judicial Center in Denver on Tuesday, July 22, 2025. (Photo by Hyoung Chang/The Denver Post)

He said during a news conference that he hoped both to reverse the individual cuts and freezes and to win a general declaration from a judge that the moves were part of an unconstitutional pattern of coercion.

“I recognize this is a novel request, and that’s because this is an unprecedented administration,” Weiser, a Democrat, said. “We’ve never seen an administration act in a way that is so flatly violating the Constitution and disrespecting state sovereign authority. We have to protect our authority (and) defend the principles we believe in.”

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The lawsuit, filed in U.S. District Court in Denver, began in October as an effort to force the administration to keep U.S. Space Command in Colorado Springs. President Donald Trump, a Republican, announced in September that he was moving the command’s headquarters to Alabama, and he cited Colorado’s mail-in voting system as one of the reasons.

Trump has also repeatedly lashed out over the state’s incarceration of Tina Peters, the former county clerk convicted of state felonies related to her attempts to prove discredited election conspiracies shared by the president. Trump issued a pardon of Peters in December — a power he does not have for state crimes — and then “instituted a weeklong series of punishments and threats targeted against Colorado,” according to the lawsuit.

The lawsuit cites the administration’s termination of $109 million in transportation grants, cancellation of $615 million in Department of Energy funds for Colorado, announcement of plans to dismantle NCAR in Boulder, demand that the state recertify food assistance eligibility for more than 100,000 households, and denial of disaster relief assistance for last year’s Elk and Lee fires.

In that time, Trump also vetoed a pipeline project for southeastern Colorado — a move the House failed to override Thursday — and repeatedly took to social media to attack state officials.

The Trump administration also announced Tuesday that he would suspend potentially hundreds of millions of dollars of low-income assistance to Colorado over unspecified allegations of fraud. Those actions were not covered by Weiser’s lawsuit, though he told reporters to “stay tuned” for a response.

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US Fish and Wildlife backed Colorado plan to get wolves from Canada before new threats to take over program, documents show

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US Fish and Wildlife backed Colorado plan to get wolves from Canada before new threats to take over program, documents show


The U.S. Fish and Wildlife Service backed Colorado’s plan to obtain wolves from Canada nearly two years before the federal agency lambasted the move as a violation of its rules, newly obtained documents show.  

In a letter dated Feb. 14, 2024, the federal agency told Colorado state wildlife officials they were in the clear to proceed with a plan to source wolves from British Columbia without further permission.

“Because Canadian gray wolves aren’t listed under the Endangered Species Act,” no ESA authorization or federal authorization was needed for the state to capture or import them in the Canadian province, according to the letter sent to Eric Odell, CPW’s wolf conservation program manager. 

The letter, obtained by The Colorado Sun from state Parks and Wildlife through an open records request, appears to be part of the permissions the state received before sourcing 15 wolves. The agency also received sign-offs from the British Columbia Ministry of Land, Water and Resource Stewardship and the Convention on International Trade in Endangered Species of Wild Flora and Fauna.  

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In mid-December, however, the Fish and Wildlife Service pivoted sharply from that position, criticizing the plan and threatening to take control over Colorado’s reintroduction. 

In a letter dated Dec. 18, Fish and Wildlife Service Director Brian Nesvik put CPW on alert when he told acting CPW Director Laura Clellan that the agency violated requirements in a federal rule that dictates how CPW manages its reintroduction. 

Colorado voters in 2020 directed CPW to reestablish gray wolves west of the Continental Divide, a process that has included bringing wolves from Oregon in 2023 and British Columbia in 2025.

A gray wolf is carried from a helicopter to the site where it will be checked by CPW staff in January 2025. (Colorado Parks and Wildlife photo)

The federal rule Nesvik claims CPW violated is the 10(j). It gives Colorado management flexibility over wolves by classifying them as a nonessential experimental population within the state of Colorado. Nesvik said CPW violated the 10(j) by capturing wolves from Canada instead of the northern Rocky Mountain states of Montana, Wyoming, Idaho, Washington, eastern Oregon and north-central Utah “with no warning or notice to its own citizens.” 

CPW publicly announced sourcing from British Columbia on Sept. 13, 2024, however, and held a meeting with county commissioners in Rio Blanco, Garfield, Pitkin and Eagle counties ahead of the planned releases last January. The agency also issued press releases when the operations began and at the conclusion of operations, and they held a press conference less than 48 hours later.

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Nesvik’s December letter doubled down on one he sent CPW on Oct. 10, after Greg Lopez, a former Colorado congressman and 2026 gubernatorial candidate, contacted him claiming the agency violated the Endangered Species Act when it imported wolves from Canada, because they lacked permits proving the federal government authorized the imports. 

That letter told CPW to “cease and desist” going back to British Columbia for a second round of wolves, after the agency had obtained the necessary permits to complete the operation. Nesvik’s reasoning was that CPW had no authority to capture wolves from British Columbia because they aren’t part of the northern Rocky Mountain region population.  

But as regulations within the 10(j) show, the northern Rocky Mountain population of wolves “is part of a larger metapopulation of wolves that encompasses all of Western Canada.” 

And “given the demonstrated resilience and recovery trajectory of the NRM population and limited number of animals that will be captured for translocations,” the agencies that developed the rule – Fish and Wildlife with Colorado Parks and Wildlife – expected “negative impacts to the donor population to be negligible.” 

So despite what Nesvik and Lopez claim, “neither identified any specific provision of any law – federal, state or otherwise – that CPW or anyone else supposedly violated by capturing and releasing wolves from British Columbia,” said Tom Delehanty, senior attorney for Earthjustice. “They’ve pointed only to the 10(j) rule, which is purely about post-release wolf management, and  applies only in Colorado.” 

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More experts weigh in 

In addition to the 2024 letter from the Fish and Wildlife Service, documents obtained by The Sun include copies of permits given to CPW by the Ministry of British Columbia to export 15 wolves to the United States between Jan. 12 and Jan. 16, 2025. 

These permits track everything from live animals and pets to products made from protected wildlife including ivory. 

The permit system is the backbone of the regulation of trade in specimens of species included in the three Appendices of the Convention on International Trade in Endangered Species, also called CITES. A CITES permit is the confirmation by an issuing authority that the conditions for authorizing the trade are fulfilled, meaning the trade is legal, sustainable and traceable in accordance with articles contained within the Convention. 

An image that looks to be from a security camera shows a wolf looking straight at the camera
Gray wolf sits in a temporary pen awaiting transport to Colorado during capture operations in British Columbia in January 2025. (Colorado Parks and Wildlife)

Gary Mowad, a former U.S. Fish and Wildlife agent and expert on Endangered Species Act policies, said “obtaining a CITES certificate is unrelated to the 10j rule” and that in his estimation, CPW did violate both the terms of the 10(j) and the memorandum of agreement with the Fish and Wildlife Service, because “the 10(j) specifically limited the populations from where wolves could be obtained, and Canada was not authorized.” 

Mike Phillips, a Montana legislator who was instrumental in Yellowstone’s wolf reintroduction that began in 1995, thinks “the posturing about a takeover seems like just casually considered bravado from Interior officials.” 

And Delahanty says “Nesvik and Lopez are making up legal requirements that don’t exist for political leverage in an effort that serves no one. It’s unclear what FWS hopes to accomplish with its threatening letter,” but if they rescind the memorandum of agreement, “it would cast numerous elements of Colorado’s wolf management program into uncertainty.” 

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Looking forward 

If Fish and Wildlife does as Nesvik’s letter threatens and revokes all of CPW’s authority over grey wolves in its jurisdiction, “the service would assume all gray wolf management activities, including relocation and lethal removal, as determined necessary,” it says. 

But Phillips says “if Fish and Wildlife succeeds in the agency’s longstanding goal of delisting gray wolves nationwide,” a proposition that is currently moving through Congress, with U.S. Rep. Lauren Boebert’s Pet and Livestock Protection Act bill, the agency couldn’t take over Colorado’s wolf program. That’s because “wolf conservation falls back to Colorado with (its voter-approved) restoration mandate.” And “the species is listed as endangered/nongame under state law,” he adds. 

If the feds did take over, Phillips said in an email “USFWS does not have staff for any meaningful boots-on-the-ground work.” Under Fish and Wildlife Service control, future translocations would probably be “a firm nonstarter,” he added, “but that seems to be the case now.” 

A big threat should Fish and Wildlife take over is that lethal removal of wolves “in the presence of real or imagined conflicts might be more quickly applied,” Phillips said. 

A gray wolf with black markings crosses a snowy area into a patch of shrubs.
A gray wolf dashes into leafless shrubs. It is one of 20 wolves released in January 2025, 15 of which were translocated from British Columbia (Colorado Parks and Wildlife photo)

But it would all be tied up in legal constraints, given that gray wolves are still considered an endangered species in Colorado, and requirements of the 10(j) and state law say CPW must advance their recovery. 

So for now, it’s wait and see if CPW can answer Fish and Wildlife’s demand that accompanies Nesvik’s latest letter. 

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Nesvik told the agency they must report “all gray wolf conservation and management activities that occurred from Dec. 12, 2023, until present,” as well as provide a narrative summary and all associated documents describing both the January 2025 British Columbia release and other releases by Jan. 18., or 30 days after the date on his letter. If they don’t, he said, Fish and Wildlife “will pursue all legal remedies,” including “the immediate revocation of all CPW authority over gray wolves in its jurisdiction.” 

Shelby Wieman, a spokesperson for Gov. Jared Polis’ office, said Colorado disagrees with the premise of Nesvik’s letter and remains “fully committed to fulfilling the will of Colorado voters and successfully reintroducing the gray wolf population in Colorado.” 

And CPW maintains it “has coordinated with USFWS throughout the gray wolf reintroduction effort and has complied with all applicable federal and state laws. This includes translocations in January of 2025 which were planned and performed in consultation with USFWS.”



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Avalanche To Play Mammoth in 2027 Discover Winter Classic in Salt Lake City | Colorado Avalanche

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Avalanche To Play Mammoth in 2027 Discover Winter Classic in Salt Lake City | Colorado Avalanche


NEW YORK – The National Hockey League announced today that the Colorado Avalanche will be the visiting team in the 2027 Discover Winter Classic and play the Utah Mammoth at the University of Utah’s Rice-Eccles Stadium in Salt Lake City. Additional details for the game, including ticketing information, date and start time, will be announced at a later date.

The 2027 Winter Classic marks the first time the Avalanche will play in the event and will be the fourth ever outdoor game the franchise plays in and the first one they’ll compete as the visiting team. Colorado hosted the Detroit Red Wings at Coors Field in the Stadium Series on Feb. 27, 2016, the Los Angeles Kings for the 2020 Stadium Series at Air Force Academy’s Falcon Stadium on Feb. 15, and the Vegas Golden Knights at Edgewood Tahoe Resort for the NHL Outdoors at Lake Tahoe event on Feb. 20, 2021.

“We’re excited and honored that the League selected us for the Winter Classic,” said Avalanche President of Hockey Operations Joe Sakic. “The Avalanche organization is always proud to be in consideration for marquee events like this. We’re looking forward to being matched up with a great team and represent the Rocky Mountain region in a game that appeals to these two markets in this part of the country.”

The Avalanche are 1-2-0 all-time in outdoor games but captured the most recent one at Lake Tahoe by a 3-2 score.

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Colorado has faced the Mammoth six times since their inception ahead of the 2024-25 campaign, and the Avalanche have posted a 4-1-1 record. The club also owns a 2-0-1 record against Utah this season, which includes beating them in the home opener when Nathan MacKinnon became the first player in NHL history to record a game-winning goal against 32 franchises.



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