City Notified Extraction They Are in Breach of Contract

In a very forceful June 29 six-page letter to Extraction Attorney Eric Christ, City and County of Broomfield (CCOB) Attorney T. Shaun Sullivan notified Extraction that it was in breach of contract due to “Extraction’s unwarranted insistence that Broomfield is in breach and its refusal to make any revisions or additions to the CDP [Comprehensive Drilling Plan].”  Many Broomfield residents will likely be pleased to find out that the City wrote this letter after Extraction refused to answer Council questions and stormed out of the June 12 Council meeting, wrote a breach of contract letter to CCOB on June 15, and then failed to appear during the June 26 Council Meeting item on the CDP.  You can read the entire June 29 letter from CCOB Attorney Sullivan to Extraction here and express your support or other opinions about it to Attorney Shaun Sullivan at citycountyattorney@broomfield.org

“Extraction’s attempts to intimidate and bully Broomfield staff and its elected officials into approving an incomplete CDP” were strongly criticized several times in the letter.  The letter defended the City’s process of seeking Council approval and citizen input as part of the City’s Municipal Code and as allowable under the Operator Agreement.  Indicating support of Council Member Kreeger’s questioning of Extraction about the Risk Management Plan on June 12, the letter stated that “our agreements are not a gag order that somehow precludes Broomfield’s elected officials from asking Extraction questions.”

The history of the severely inadequate first submittal of the CDP was traced in the letter through to evidence of over forty deficiencies still present in the document today as cited in the City’s July 6 letter to Extraction.  Attorney Sullivan’s letter notified Extraction that it was in breach of contract already on January 16 when it submitted its COGCC drilling permits before it submitted a CDP to Broomfield that even included all of the well sites.  “It is insulting, and simply incorrect, to suggest that Broomfield’s effort to ensure that the CDP is complete and contains all of the negotiated BMPs [Best Management Practices] is instead a tactic to delay or object to the Agreement.”

Citing procedures set forth in the Operator Agreement, CCOB Attorney Sullivan requested a meeting to resolve the issues.  The letter further stated that if the two parties were unable to reach a resolution then “mediation would be advantageous,” a process which would take a longer period of time.

Again, you can read the entire June 29 letter from CCOB Attorney Sullivan to Extraction here and express your support or other opinions about it to Attorney Shaun Sullivan at citycountyattorney@broomfield.org