Board of County Commissioners v. Bowen/Edwards Associates, Inc.
Supreme Court of Colorado
830 P.2d 1045 (Colo. 1992)
La Plata County (defendant) required oil-and-gas operators to get county approval before building or installing drilling facilities. Mineral-interest owners including Bowen/Edwards Associates (plaintiffs) sought a declaratory judgment that the state's Colorado Oil and Gas Conservation Act, which authorizes a state commission to protect public health and safety from drilling operations, completely preempted the county's regulations. The trial court dismissed the suit, but the court of appeals held the county regulations totally preempted, reasoning the Act showed the legislature's intent to fully occupy the field. The county appealed.
Whether a local land-use law regulating oil and gas development can be preempted by a state statute, and if so, whether this county's regulations were preempted.