Judge Jackson Tells Extraction to Proceed “At Its Own Risk”

Wildgrass Oil and Gas Committee Constitutional Lawsuit Continues to Move Forward

In response to Wildgrass Oil and Gas Committee’s May 24 Motion for Extension to Stay Drilling Operations in the federal constitutional rights case WOGc v. COGCC, Judge R. Brooke Jackson issued the following order on June 10 : 

ORDER denying [68] MOTION for Extension of Time to Stay Drilling Activities.    It is not clear to the Court how it can enjoin Extraction from proceeding since it is not a party, nor what it can enjoin the State of Colorado from doing at this time  that would impact Extraction’s ability to proceed. However, if Extraction proceeds, it does so at its own risk, as the Court will not moot the case if  Extraction elects not wait until the pending motion is fully briefed and decided.

            By Judge R. Brooke Jackson on 6/10/19.

Extraction Oil and Gas has continued with early drilling operations (spudding) of 19 wells at the Livingston Pad despite this warning from Judge Jackson.  WOGc members include mineral owners who were force pooled at a Colorado Oil and Gas Conservation Committee (COGCC) hearing on March 12 but object to the taking of their minerals by Extraction until the federal constitutional rights case is heard.  The request asked for an extension of the drilling stay until at least August 31.     

Intervenors Colorado Oil and Gas Association (COGA) & American Petroleum Institute (API) had filed a response in opposition to the Motion for Extension to Stay Drilling Operations, while the Attorney General’s office on behalf of the COGCC submitted a notice of non-position.  WOGc is studying next steps on this stay request.

Meanwhile, the federal constitutional rights case WOGc v. COGCC will continue to move forward.  On June 7, WOGc filed a response to motions to dismiss by both the defendant COGCC and intervenors COGA & API.  Defendants had seven days to file a response or request an extension.  Once their response is filed, then the matter is in Judge Jackson’s hands and there is no deadline for Judge Jackson to rule on the motions to dismiss.

Here is a timeline of steps in the case of federal constitutional rights case WOGc v. COGCC:

1/23 WOGc filed the federal constitutional lawsuit WOGc v. COGCC against forced pooling. 

2/12 Judge Jackson ordered the COGCC to grant WOGc a forced pooling hearing with full discovery. 

3/12 The WOGc forced pooling hearing at the COGCC hearing occurs without meeting the requirements of Judge Jackson’s orders.

3/26 COGA/API are granted the right to intervene by Judge Jackson.  (participate in the case) 

4/15 WOGc filed an Amended Complaint to reflect COGCC forced pooling hearing deficiencies.

5/10 COGCC and COGA filed motions to dismiss (MTD) the WOGc Amended Complaint. 

6/7 WOGc responded to COGCC and COGA MTD the WOGc Amended Complaint.

6/14 COGCC and COGA response deadline for WOGc’s response to COGCC and COGA MTD.