Perspective on Wildgrass Oil & Gas Committee v. Colorado Oil & Gas Conservation Commission and the Embracing of Associated Standing

Abstract

The ongoing litigations between the Wildgrass Oil & Gas Committee (“Wildgrass”) and, among others, the Colorado Oil & Gas Conservation Commission (“COGCC”) serve as a microcosm of the political and legal horizons that define the microscope used to examine Colorado oil and gas development. This set of litigations began administratively with the application for permits before the COGCC and, over the passage of time, weaved its way through the District Court of the City and County of Denver (the “State District Court”), the United States District Court for the District of Colorado (the “Federal District Court”), the Colorado Court of Appeals (the “Court of Appeals”), and finally the United States Court of Appeals for the 10th Circuit (the “10th Circuit”). As of the time of this writing, the State District Court action remains currently unresolved since the Court of Appeals remanded the case. This Article will provide an overview of these litigations and the Authors’ thoughts and insights as to the political and regulatory environment of these judicial decisions, including an emphasis on associated standing by the Court of Appeals.