Many Coloradans who have battled city-by-city to regulate fracking near their residential areas may get some relief under a proposed constitutional amendment that would give cities and towns the right to regulate business activities within their borders.
In January 2014, the Colorado Community Rights Network (CCRN) submitted ballot language to amend Colorado's constitution, which would give municipalities the right to ban or regulate fracking and any other industrial activity — such as factory farming and hazardous waste disposal — within their borders.
The amendment would give local governments the right to enact laws “establishing, defining, altering or eliminating the rights, power and duties of for-profit business entities operating or seeking to operate in the community, to prevent such rights and powers from usurping or otherwise conflicting with the fundamental rights of people, their communities, and natural environment.”
Put concisely: the measure would make the will of cities and towns superior to the will of corporations. It would also permit cities to regulate any business that can put the health, safety and/or welfare of its inhabitants at risk.
The language of the amendment has been approved and it is now ready to go to Colorado's Secretary of State for a title assignment. It would need a minimum of 86,000 valid signatures for a spot on the ballot.
Were it to pass, it would eliminate lawsuits like those currently being brought by the Colorado Oil and Gas Association against Fort Collins, Broomfield and Lafayette, all of which have voted to ban drilling and fracking within their borders.
The proposal was originally called the “Community Rights Constitutional Amendment,” drafted by the Community Environmental Legal Defense Fund (CELDF) at the request of the CCRN. Lafayette passed the first so-called “Community Bill of Rights” ordinance in the state in 2013, after citizens voted to amend the city's charter to make fracking illegal.