Proposed class action takes aim at COGCC

Frackenlooper-ColoradoOut of frustration with the COGCC and CDPHE for giving Williams Midstream a complete pass for their negligence in the Parachute Creek benzene debacle; and out of shock that Governor Hickenlooper would threaten the citizens of Ft. Collins and Longmont with legal action if their local elected representatives refused to lift their drilling/fracking moratoriums; Silt resident Carl McWilliams is proposing a federal class action to sue Governor Hickenlooper and the COGCC in federal district court in Denver to challenge the constitutionality of the Colorado Oil & Gas Conservation Commission.

This proposed class action is in its embryo stages and McWilliams is suggesting that like-minded citizens who read this blog consider becoming actively involved in the federal class action by stepping up and being named as a “Representative Plaintiff” in the federal court documents that will be filed in federal district court in Denver.  McWilliams perceives becoming a Representative Plaintiff as an emblem of honor in the legal and political fight to reign-in the out of control O & G extraction industry.

According to McWilliams: “Regrettably and with complete disillusionment of the true motives of Governor Hickenlooper, Matt Lepore and the COGCC, I have decided the only remedy left for We the People of Colorado is to go to federal court and sue Hickenlooper and the COGCC, and to thereby reestablish the constitutional rule of law in our state.”

Five things Gov. Hickenlooper did to put oil & gas industry ahead of Colorado’s health and water

Proposed Class Action: We the People of Colorado v. Colorado Oil and Gas Conservation Commission

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12 Comments on “Proposed class action takes aim at COGCC”

  1. Babette Stahlman Says:

    I am very disappointed in the Governor….he is not considering the health and well being of the people of Colorado….

  2. R.Vottero Says:

    Once again The People must band together to protect our lives, our land and our lively hoods. The cabal of Hickenlooper and the oil and gas industry must be replaced by local control and conservation. We are trading water for petroleum There exists sufficient science to use the precautionary principle and stop hydraulic fracturing until proven safe. Step from the sidelines on to the playing field and help protect our children and grand children, not to mention every other living thing.The class of life is the action!

  3. Mary Russell Says:

    Does anyone realize how unaware We The People of Colorado are about this issue? I talked to over 30 people at an event these last 24 hours, and most are from Eagle, Summit, and Jefferson County, in Colorado. They hadn’t heard of the Parachute Creek benzene leak.

    I’m up for initiating a statewide educational campaign to pull these people’s heads out of the “tracking” sand.

    And, how do we sign on as a plaintiff?

  4. Susan and Ron Holleman Says:

    We are most definitely on board for this action. How can we help?

  5. Arianna (@AriannaEditrix) Says:

    I have family from CO. I’m fighting fracking in IL. Let me know what I can do to help.

  6. Carl Mc Williams Says:

    “Inalienable Rights”, ARTICLE II, SECTION 3 of the Colorado Constitution states:

    “All persons have certain natural, essential and inalienable rights, among which may be reckoned the right of enjoying and defending their lives and liberties; of acquiring, possessing and protecting property; and of seeking and obtaining their safety and happiness”.

    Governor Hickenlooper, Matt Lepore and every commissioner on the Colorado Oil & gas Conservation Commission each swore a “Constitutional Oath” to protect and defend the US and Colorado Constitutions. Accordingly, based upon Governor Hickenlooper’s unequivocal and public threat to sue the Cities of Longmont and Ft. Collins if they do not lift their fracking moratoriums, (which were enacted to defend the inalienable rights of the citizens of Longmont and Ft. Collins); I hold that Governor Hickenlooper, under the color of the unconstitutional COGCC statutes, is dangerously close to committing the acts and omissions of a Constitutional Tort, . [SEE: 42 USC, Sec. 1983]

    Therefore, I herein suggest to the Governor that he consult with the Colorado Attorney General and inquire: If this proposed federal class action is filed in federal district court in Denver, and the court rules in favor of We the People of Colorado, is it possible that the Governor could be held personally liable for threatening the citizens, of Longmont and Ft. Collins with legal action?

    That said, the best help that can be given right now is to forward this Peggy Tibbett’s blog to everyone on your email list. Get the word out that Governor Hickenlooper is a violater of his Constitutional Oath and only We the People of Colorado can defend our Constitutional Rights against Governor Hickenlooper and the unconstitutional COGCC.

    Carl L. McWilliams
    Lead Representative Plaintiff
    We the People of Colorado,
    A federal class action “under construction”

  7. John Says:

    He should be recalled. Clearly doesn’t give a sh*t about us Coloradans!

  8. The Bobcat Says:

    The New York State Supreme Court has found in favor of a municipality’s right to ban fracking based upon its own zoning laws. Perhaps state laws may vary on this issue but a precedent has been set. http://www.reuters.com/article/2013/05/02/fracking-new-york-idUSL2N0DJ24120130502

  9. TF from Longmont Says:

    Hooray! They brought this on themselves

  10. Carl Mc Williams Says:

    It was only 12 days ago, that Peggy TIbbetts posted this blog on my assertions that the COLORADO OIL & GAS CONSERVATION COMMISSION is unconstitutional and the response has been remarkable.

    Because I perceive this as public domain information, below is a link that will further explain my assertions that the COGCC operates in Colorado as an unconstitutional state agency.

    https://docs.google.com/document/d/1daf-QV-aNEbUp3jpae0p_XOTsOZBOHYXHk4UMl-_Y7U/edit?pli=1

  11. Sophia Says:

    ?? now where did we see this before …. O yes that had something to do with 3mile island Tjernobyl is it not???? (Nuclear powerplant I MENT as I know Tjernobyl is in Russia)

    The drinking of a GLASS OF MILK …..

    Same happening now with fracking fluid .. ?
    And ‘most’ people believe this …. pfffff we are doomed. )-

  12. Peggy Tibbetts Says:

    Sophia, it’s NOT fracking fluid. It’s processed natural gas liquids from a gas processing plant. Sort of like leaving the hose running at the gas station — for about 3 weeks.

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