January 27 Colorado Energy Cheat Sheet: COGCC rulemaking pleases no one; anti-fracking measures disastrous for Colorado economy; pushing back against Clean Power Plan

Even small changes to oil and gas regulations can have deep and damaging effects on Colorado’s economy, according to researchers at the University of Colorado:

A statewide, 2,000-foot buffer zone between drilling rigs and homes, schools and businesses would take a hammer to Colorado’s oil and gas industry, already reeling from low commodity prices, as well as the state’s wider economy, according to a new study from University of Colorado Boulder’s Leeds School of Business.

Such a setback requirement “could result in slower economic growth” for Colorado’s economy as well as state revenue, according to the study released Wednesday.

The study said its forecast on the effects of a 2,000-foot setback included:

Production of oil and gas statewide could drop between 25 percent and 50 percent;
A $6 billion to $11 billion drop in Colorado’s gross domestic product;
A loss of 33,000 and 62,000 jobs between 2015 and 2030;
Loss of $214 million to $428 million in per year in tax revenues from oil and gas companies.

Given that the Colorado Oil and Gas Conservation Commission just concluded a round of rulemaking based on the Governor’s Oil and Gas Task Force recommendations from 2015, new and more onerous regulations like the setback examined by CU researchers or the more dangerous proposed fracking bans and various setback ballot measures could have catastrophic consequences on top of the recent commodity downturns impacting the state.

Anti-energy activists have intimated that even more proposals could be in the offing for 2016:

Larimer County resident Katherine Hall, who testified in favor of local control, said she would not be surprised if a citizen-initiated measure ended up on November’s ballot.

“The final outcome of the rule making does not go far enough to ease the concerns of Colorado citizens,” Hall said.

Remember when this blog said the Oil and Gas Task Force was merely kicking the can down the road?

We’ve made our way down that road, and the can is about ready to explode.

In the near term, the COGCC rules could go into effect in as few as 6 to 8 weeks, subject to review by the legislature and the Attorney General:

Compton said the months of rulemakings were “the most difficult” that he’s been through — a string that included the 2008 wholesale overhaul of Colorado’s oil and gas regulations.

The commissioners voted 5-4 to define “large” oil and gas facilities, the threshold that triggers the communication process between energy companies and local governments, as eight new wells and storage tanks that can hold up to 4,000 barrels of oil and natural gas liquids. The commissioners restricted the rule to large facilities in “urban” areas, defined as 22 buildings within 1,000 feet of the wellsite, rejecting request from some quarters to take the rule statewide.

But the rules appear to exceed the recommendations, and create ambiguities that will only incur more procedural red tape:

The process approved by the COGCC will triple, from 90 days to 270 days, the amount of time needed to get a hearing on a large project before the oil and gas commissioners, said Tracee Bentley, the executive director of the Colorado Petroleum Council, an arm of the American Petroleum Institute.

The final rules also said facilities should be “as far as possible” from existing buildings, a phrase Bentley called “vague and confusing” that would cost energy companies time and money to comply with.

The commissioners also rejected a request that existing surface-use agreements between energy companies and landowners be grandfathered, and allowed to avoid the notification and consultation process.

“We feel the industry brought reasonable solutions to the table that were largely ignored, and the rules still go beyond the recommendations of the task force,” said Dan Haley, president and CEO of the Colorado Oil & Gas Association.

Bringing reasonable solutions and constructive dialogue should be expected of the industry, but the same can’t be said for the forces calling for the end of natural resource development altogether:

Activists addressing a state oil and gas rulemaking hearing this week levied a barrage of accusations and insults toward state officials and even renewed calls to eliminate Colorado’s state agency responsible for regulating oil and gas development.

Speaking at the Colorado Oil and Gas Conservation Commission (COGCC) hearing, Lauren Swain, representing national climate activist group 350.org, largely ignored the fact that the rulemaking was supposed to be the focus of the hearing and instead used her time to complain about the agency. From Swain’s testimony:

“With this new proposed rule, the COGCC has proven once again that it can no longer be considered a legitimate state agency because the COGCC continues to facilitate the pace of hazardous polluting oil and gas drilling and fracking operations near homes and schools subjecting communities to the risks of toxic emissions, spills and explosions.”

But Swain took her testimony even farther by lobbying for disbanding the agency in favor of creating a new agency that would “swiftly” transition the state to 100 percent renewables using the Solutions Project at Stanford as a guide. From Swain:

“The COGCC must be replaced with one or more agencies charged with one, facilitating to protect Coloradans from the harmful impact of oil and gas production and two, to aid and foster Colorado’s swift transition to one hundred percent renewable energy production and consumption using the Solutions Project developed at Stanford University as a guide.”

Up next was testimony from an activist who has previously accused the oil and gas industry of having a “personality disorder” and of being “socially deviant.” This time, Amanda Harper called oil and gas producers a “short sighted, selfish and sociopathic industry.”

Not a lot of balance or reasonable tone, it seems.

Colorado Governor John Hickenlooper offered his comments at an event that saw journalists kicked out and required an open records request to seek audio of the Democrat’s comments–and while he questioned the leverage of the anti-energy groups to get the proposed measures on the 2016 ballot, he surreptitiously argued that the COGCC rules discussed above had, in his opinion as well, gone further than his own Oil and Gas Task Force had recommended:

“I haven’t heard of any funding source for any of them,” Hickenlooper began. “Like the normal, large funders of those initiatives, you know, I haven’t heard of. So, maybe they’ll get on the ballot, but without a lot of money, I don’t think they’re going to do well. I can guarantee you there’ll be money spent showing that, the, the problems associated with any of those initiatives.” (Forum Q & A – 17:05)

Moments later, he added, “Again, we’re going further even than the commission recommended, and in certain cases, to try and give local, local municipal elected officials more, a greater role.”

Further.

We’ll see how that plays out.

***

The Environmental Protection Agency’s Clean Power Plan received a stay of its own last week when the DC circuit refused to grant a stay of the rule, forcing 26 states to appeal the case to the US Supreme Court.

Meanwhile at the Colorado legislature, Sen. John Cooke (R-Greeley) has championed measures designed to keep the implementation of the Clean Power Plan at arms’ length, allowing lawsuits to be completed before the state moves forward, something Coloradans clearly support:

Two weeks into the 2016 legislative session, Sen. John Cooke, a Republican from the heart of the Front Range oil and gas patch in Greeley, has introduced two bills that take aim at the plan, which requires power plants to cut carbon emissions by 32 percent from 2005 levels by 2030, largely by shutting down or converting coal-fired plants to alternative fuel sources.

One of Cooke’s bills couldn’t be more timely. After several state attorneys general, including Colorado’s Cynthia Coffman, failed to win a stay of the plan from a federal court Thursday, Cooke’s Senate Bill 46 jumps into the ring like a tag-team wrestler, working from another angle to stall implementation of the Obama administration plan.

“Well, it wasn’t really a surprise that the court in D.C. struck down the stay request,” Cooke told The Colorado Statesman. “Unfortunately, the bill is more relevant now.”

The “Preserve State Clean Power Plan Options Act” aims to “slow down the implementation process” in part by suspending it “until all [related] lawsuits are done,” Cooke told members of three rural Colorado advocacy groups, including some representing coal mining areas, who were visiting the Capitol Friday.

In effect, Colorado wouldn’t need a stay from a court because it would have passed a stay for itself, written by Cooke.

Cooke’s other bill, SB 61 or “Ratepayer Protection Act,” would require the Colorado Department of Public Health and Environment to pay for costs generated as a result of Clean Power Plan implementation.

***

NEWS ROUNDUP:
Silverton punts on Superfund designation

How the EPA handled Flint, MI water contamination, vs. Animas River spill

Plunging oil prices means lower severance tax revenue in Colorado

Lower gas prices? Let’s raise taxes!

Anti-energy activists oppose coal development on the Western Slope. News at 11.

Trading: Coal extraction for sage grouse habitat

January 6 Colorado Energy Cheat Sheet: fracking foes awaken; legislative session promises energy battles; EPA and Gold King Mine saga

Let’s start with the obvious–the anti-fracking forces have reignited their campaign to ban hydraulic fracturing, and want to do away with property rights too, according to this Gazette editorial:

CREED, an umbrella of sorts for anti-energy activists, wants an outright ban on fracking with a proposal known as Initiative 62. In addition to banning all fracking, the measure would prevent compensation of mineral owners for financial losses incurred by the elimination of fracking.

The measure states, in part: “The prohibition of hydraulic fracturing is not a taking of private property and does not require the payment of compensation pursuant to sections 14 and 15 of Article II of the Colorado Constitution.”

In other words, they want eminent- domain-by-mob without due process or just compensation. The U.S. Constitution, thankfully, prohibits voters from taking private property or negating its value. Voters have no more authority to eliminate mineral rights than to end same-sex marriage. Federal law will prevail.

Initiative 63 would establish an “Environmental Bill of Rights,” suggesting local governments have all sorts of newfound authority to ban energy production on private property. Initiative 65 would impose 4,000-foot fracking setbacks from buildings and homes.

As the editorial correctly point out, these anti-energy measures will drive a wedge between leftwing activists and mainstream Democrats, just as they threatened to do in 2014, before Gov. John Hickenlooper threw his policy Hail Mary to halt any chance of a Dem split.

The Denver Business Journal has a quick rundown of the 11 proposed initiatives.

Which brings us to billionaire activist Tom Steyer. From our new energy policy analyst, Simon Lomax:

Steyer’s track record further suggests he won’t be limited to the presidential contest in Colorado or the effort to reelect Bennet, who served as chairman of the Democratic Senatorial Campaign Committee two years ago. Before holding talks with Colorado’s anti-fracking groups about statewide ballot measures in 2014, Steyer called for a fracking ban in his home state of California, which could only be lifted on a county-by-county basis with a two-thirds popular vote. Steyer’s views are very close to those of anti-fracking groups in Colorado, who have proposed a mix of statewide and local bans for the 2016 ballot. Steyer and Rep. Polis – who championed the 2014 anti-fracking measures before they were pulled – are “kindred spirits,” according to a top adviser to the California billionaire. Steyer has a long history with ballot initiatives in California, and is already backing a 2016 measure in Washington state to impose a carbon tax.

Along with ballot measures, Steyer also has a history of throwing his money into state legislative races. In 2014, for example, he poured money into Washington and Oregon trying to win seats for Democrats. In some cases, NextGen Climate did not spend the money directly – it was given to environmental groups like Washington Conservation Voters and the Oregon League of Conservation Voters. NextGen Climate also gave generously to the national League of Conservation Voters for campaigning in Oregon, Washington and several other states, with the group’s president telling The Washington Post, “There’s not a day that goes by that someone on our team doesn’t talk to someone on the Steyer team.”

Which brings us back to Conservation Colorado. If swaying state legislative races is part of Steyer’s plan, he could not find a better partner than Conservation Colorado. The group spent more than $950,000 on Colorado elections in 2014, and appears to have hit the ground running in 2016. In a little-noticed move, Conservation Colorado gave $10,000 to Fairness for Colorado, a 527 political organization, in September 2015. According to state records, Fairness for Colorado – which focuses on economic issues and social welfare, not the environment – has already spent almost $11,000 with a Denver direct-mail firm.

Simon’s article has tons of links for all the relevant information, plus plenty more on Steyer and Democratic efforts in Colorado in 2015 and 2016.

The fracking battle will also continue in the legislature with liability for earthquakes laid at the feet of resource developers:

Democratic state Rep. Joe Salazar wants to hold drillers responsible for any earthquakes they trigger that cause property damage or physical injury.

Salazar says residents in his Adams County district are worried about a fracking group’s plans to place 20 oil and gas wells in neighborhoods there.

“These were people who were concerned for their children,” Salazar said. “They were concerned for their community. They were concerned about the environment. They’re concerned about their clean water and clean air.”

But state Sen. Ray Scott, R-Grand Junction, says liability would be difficult to prove. He also says that Colorado already has strict environmental guidelines – and he cautions against targeting an industry that provides a great deal of revenue to the state.

“How much longer do you want to stand on the throat of the oil and gas industry to limit that amount of money that’s being generated by the state of Colorado?” Scott said.

But even Rep. Salazar doesn’t think an outright ban on fracking–as some on his side have demanded, will work, and responses to any proposed ban are also in the works:

State Rep. Joseph Salazar, D-Thornton says he doesn’t think increased oil and gas regulation should be handled with constitutional amendments. Nor does he think an outright ban on fracking will fly. But he believes that the Legislature can do more to protect residents from the impacts of drilling.

“An outright ban, that’s just not going to work,” Salazar told The Statesman. “I understand that mineral rights owners have property rights, and that’s a taking. But that doesn’t mean that we can’t be safe about it by studying the effects and implementing good safety measures to ensure that when people want to exercise their mineral rights that they’re not adversely affecting their neighbors.”

State Sen. Jerry Sonnenberg, R-Sterling, said he’s ready to sponsor his own initiative similar to one he backed in 2014 that would prevent any local government that bans oil and gas production from receiving state tax revenues generated by the industry.

“I pushed pretty hard for us not to cave on that for fear that we’d be going down this same path in 2016 that we were in 2014,” Sonnenberg said, referring to the decision to pull two industry-backed ballot questions as part of the 2014 Hickenlooper-Polis compromise. “Rest assured, I will not be silent on this issue. Whatever I need to do, I will be out front.”

***

Other legislative efforts will be focused on the fallout of the Environmental Protection Agency’s Gold King Mine spill:

She [Sen. Ellen Roberts, R-Durango] is also working on bills in the wake of the inactive Gold King Mine spill, in which an error by the Environmental Protection Agency caused an estimated 3 million gallons of mining sludge to pour into the Animas River on Aug. 5.

One proposal comes out of an interim water resources committee that has suggested a resolution that would encourage Congress to pass “good samaritan” legislation, which would reduce the liability associated with private entities conducting mine reclamation work.

Roberts would also like to address jurisdictional issues between states in the wake of Gold King. The incident impacted several states, including neighboring New Mexico. State agencies found it difficult to work with one another because of legal roadblocks. Roberts has proposed legislation that would eliminate some of those barriers through intergovernmental agreements.

“When minutes matter, you need a clearer pathway,” she said.

But deciding anything with regards to the EPA Gold King Mine spill might be difficult, as The Daily Caller explains:

A definitive explanation for what caused the Gold King Mine disaster may never be known if the Environmental Protection Agency is not investigated just as a private company responsible for the calamitous spill would be, according to a former enforcement agent.

The EPA accepted blame for the Aug. 5, 2015, leak that poisoned drinking water in three western states and the Navajo Nation with three million gallons of toxic mining waste, but no officials have been named as responsible or punished. Similar previous environmental disasters, however, were subjects of criminal investigations that led to severe public penalties for those responsible.

“You may not learn about it unless you engage in a criminal investigation,” Heritage Foundation senior legal research fellow and former EPA criminal enforcement special agent Paul Larkin told The Daily Caller News Foundation.

Encouraging.

***

And the EPA isn’t done with mining either, with backing from the usual anti-energy suspects:

The Environmental Protection Agency is proposing toughening its requirements for measuring methane emissions from underground coal mines, a move that would result in some added expenses for testing and could bolster calls for regulating the emissions.

The agency recently unveiled a proposal it says will streamline — and improve the data quality of — its greenhouse gas reporting rule, which applies to a number of industries.

In the case of underground coal mines, it would no longer let them use data from quarterly Mine Safety and Health Administration reports for reporting the volumes of methane vented from mines.

Ted Zukoski, an attorney with the Earthjustice conservation group, praised the proposal as one that will provide better information on Colorado coal mines and address a major source of climate pollution.

“Methane is a greenhouse gas on steroids — it’s up to 80 times more potent than (carbon dioxide) as a heat-trapping gas over the short term. And coal mine methane is a big issue in Colorado because coal mines in the North Fork Valley are some of the gassiest in the U.S. It’s important for EPA — and the public — to have an accurate picture of this pollution, particularly after the climate accord in Paris, which put a major emphasis on transparency around climate pollution,” he said.

***

Another piece from Simon, this time on the Paris climate deal and our own Sen. Michael Bennet:

Of the 26 Senate Democrats who voted with Republicans in 2009 to put the brakes on cap-and-trade, nine are still serving.

Avoiding a debate over the Paris climate agreement and its impact on energy prices, jobs and the economy is a great deal for them—especially U.S. Sens. Patty Murray, D-Wash., and Michael Bennet, D-Colo., who are running for re-election in November 2016. As things stand, they can just hunker down and let the EPA do its thing.

But it’s a lousy deal for the blue-collar and rural constituents who voted for these senators. Their concerns about the economy, energy prices, and jobs were front and center during the cap-and-trade debate, and they should be front and center again after the Paris climate agreement. Instead, these voters have been left in the cold while environmental groups toast themselves and whatever they think was achieved in Paris.

***

Finally, your poop may be keeping the lights on:

The wastewater treatment plant in Grand Junction, Colo., takes in 8 million gallons of raw sewage — what’s flushed down the toilet and sinks.

Processing this sewage produces a lot of methane, which the plant used to just burn off into the air.

The process was “not good for the environment and a waste of a wonderful resource,” says Dan Tonello, manager of the Persigo Wastewater Treatment Plant.

Now, using more infrastructure, the facility refines the methane further to produce natural gas chemically identical to what’s drilled from underground.

The biogas–a delicate term–is renewable.

Colorado Energy Cheat Sheet, Christmas Edition: WY report finds fracking ‘unlikely’ in contamination at Pavillion; EPA spill report gives agency a pass; solar industry acknowledges reliance on tax credits

Energy In Depth picks up on the state of Wyoming’s long-delayed and much-expected report on possible fracking-related contamination in Pavillion, Wyoming as alleged by activists and theorized by the Environmental Protection Agency:

The Wyoming Department of Environmental Quality (DEQ) has just released the results of its 30-month investigation into water contamination in Pavillion, Wyoming, and it has concluded that hydraulic fracturing is unlikely to have been the cause. As the report explains,

“Evidence suggests that upward gas seepage (or gas charging of shallow sands) was happening naturally before gas well development.

It is unlikely that hydraulic fracturing fluids have risen to shallower depths intercepted by water- supply wells. Evidence does not indicate that hydraulic fracturing fluids have risen to shallow depths intersected by water-supply wells. The likelihood that the hydraulic fracture well stimulation treatments (i.e. often less than 200 barrels) employed in the Pavillion Gas Field have led to fluids interacting with shallow groundwater (i.e. water-supply well depths) is negligible.” (emphasis added)

As the Casper-Star Tribune put it,

“Samples taken from 13 water wells in 2014 detected high levels of naturally occurring pollution. Test results showed little evidence of contaminants associated with oil and gas production.”

The cost to taxpayers was fairly large, with the state of Wyoming having to pick up from the EPA’s abandoned efforts to link fracking and contamination:

A 30-month state investigation costing more than $900,000 concludes fracking is unlikely to have contaminated drinking water east of Pavillion but leaves many other questions unresolved about the role natural gas operations may have played in polluting the water.

Samples taken from 13 water wells in 2014 detected high levels of naturally occurring pollution. Test results showed little evidence of contaminants associated with oil and gas production.

Those findings, released Friday as part of a report by the state Department of Environmental Quality, come almost four years to the day since the U.S. Environmental Protection Agency released a draft report tentatively linking fracking to polluted water outside this tiny central Wyoming community.

EPA ultimately turned over its investigation to the state in 2013, fearing, as a Star-Tribune report later showed, that it could not defend its initial conclusion.

Not that these conclusions will dissuade anti-fracking activists, who will continue to cite Pavillion even after the determination the connection was “unlikely”:

The DEQ report left several key questions unresolved. While fracking was ruled out as a likely source of contamination, the DEQ report did not completely exonerate Encana Corp., the Canadian company that operates the Pavillion gas field.

Regulators said more research is needed to determine if gas wells have served as a pathway for contaminants reaching drinking water sources. And they noted additional examination is needed of disposal pits in the area, where drilling mud and cuttings have been stored for decades and could have leaked into the groundwater.

But in a sign of Pavillion’s complexity, they said the area’s unique geology might also be to blame. Pavillion’s gas bearing formations are shallow, permeable and relatively close to formations that produce drinking water.

After 30 months, there is some clarity, but Pavillion will remain a contentious narrative as anti-fractivists push forward across the country and in Colorado next year.

***

Current and former Colorado politicos chime in on the Paris climate change conference:

Former Colorado Sen. Timothy Wirth, known for organizing the 1988 Hansen hearing that helped propel the issue of climate change to national attention, said the Paris agreement marks a turning point in the international community’s commitment to fighting global warming.

“The fact that every country has agreed and nobody is denying the science means that this agreement has a very important science base, which did not occur before, with a real strong consensus around the science,” Wirth said.

Rep. Scott Tipton, R-Cortez, said the Paris agreement would have little realistic impact on limiting some of the world’s biggest polluters and was instead a distraction from more pressing foreign policy issues.

“Once again, the president is attempting to give away the barn by forcing Americans to shoulder the cost for a climate deal that does nothing tangible to limit the world’s biggest polluters like China, India and Mexico,” Tipton said. “The American people would be far better served by an administration that is focused on addressing the national security threats posed by ISIS instead of finding new ways to further punish responsible American energy producers and drive up energy costs on American families.”

***

Looks like the EPA is trying to skip out on responsibility for the poisonous Animas River spill it triggered in southwest Colorado back in August, according to The Daily Signal:

In their report, the EPA claims it was engaged in only “careful scraping and excavation” with a backhoe outside the mine. “Just prior to finishing, a team noticed a water spout a couple of feet high in the air near where they had been excavating.”

The report goes on to say that the spout (that they just happened to notice) quickly turned into a gusher of yellow toxic water.

It seems the EPA would have us believe the mine erupted on its own (which is like arguing, but, Your Honor, I was just carrying the gun when it went off all on its own!).

The EPA’s report goes on to allege that the mine entrance (or adit) was larger than they “anticipated,” and the “fact that the adit opening was about 2 times the assumed 8 to 10 foot maximum adit height resulted in a closer than anticipated proximity to the adit brow, and combined with the pressure of the water was enough to cause the spout and blowout.”

In other words, the mine did it!

Is it possible that the spill was caused by the EPA being careless? Nope. The authors claim they were digging “to better inform a planned consultation” scheduled for nine days later.

Essentially, the EPA claims that the spill was an act of God, rather than its own fault.

More reports are forthcoming, as well as hearings and other activities, including lawsuits. This spill won’t easily recede from the news any time soon:

DENVER – Congressional Republicans are questioning whether the Environmental Protection Agency interfered with a separate investigation into the Gold King Mine spill after an earlier internal review clashed with other accounts of the incident.

In a letter Friday to EPA Inspector General Arthur Elkins Jr., U.S. Rep. Rob Bishop, R-Utah, chairman of the House Committee on Natural Resources, and U.S. Rep. Louie Gohmert, R-Texas, chairman of the Oversight and Investigations Subcommittee, questioned the timing and substance of recent interviews conducted by EPA officials.

The separate report from the inspector general is not expected until early 2016.

“It was a very narrow focus, and it was incomplete, and there are obvious discrepancies …” Bishop told The Durango Herald at a congressional hearing last week at a mine in Idaho Springs, referencing the EPA’s Aug. 24 internal report. “It raises all sorts of questions about what’s taken place. That’s why we’ve got to start over.”

And La Plata County has tentatively agreed to EPA (taxpayer) funded remediation, which the agency still needs to approve:

A 10-year cooperative agreement in which the Environmental Protection Agency would provide $2.4 million for remedial efforts related to the Aug. 5 Gold King Mine spill received unanimous support from La Plata County Board commissioners on Tuesday.

The federal agency has assumed responsibility for a breach at the abandoned mine portal that sent 3 million gallons of mining wastewater into the Animas and San Juan rivers.

EPA officials have until Feb. 1 to approve, amend or reject the agreement, which includes eight tasks to ensure the future health and safety of the county’s residents and environment. Those include continued work with Wright Water Engineers, which has conducted for the county an analyses on the Animas River’s health, independent of the EPA.

Other initiatives include a real-time water-monitoring system to alert the county of changes in water quality, developing a response plan for future environmental incidents and hiring a contractor for community outreach – to explain pre- and post-spill data to the public.

***

Sometimes in the course of celebratory effusion, the proponents of renewable energy–in this case, solar advocates begging for an extension of the 30 percent investment tax credit–spill the beans on how much the industry is completely reliant on government subsidies in order not just to be competitive in their parlance, but actually remain “viable” at all (and in Slate, no less):

The solar investment tax credit—in which owners of solar-panel systems get a 30 percent tax credit—was always meant to be temporary and is set to expire next year. [emphasis added] The Republicans in Congress generally favor fossil fuels over renewables, generally oppose anything President Obama is for, and deny the need to deal with climate change. So as fall settled in, investors began to focus on the fact that by the end of 2016, the solar investment tax credit of 30 percent would fall to 10 percent for commercial systems and disappear entirely for home-based systems.

Another problem: Renewable energy is as much about financial engineering as it is about electrical engineering. For solar to work, investors had to believe that the structures rigged up to build solar would stand up over time… [emphasis added]

Next, Washington delivered—defying the conventional wisdom. Newly installed House Speaker Paul Ryan realized that he’d have to negotiate with congressional Democrats if he wanted to get a budget and tax deal before the end of the year. And as they came to the table, another miracle happened: The Democrats held fast. On Dec. 14, Democrats indicated they would be willing to support the Republican-backed effort to lift the ban on oil exports—but only if the Republicans would consent to measures including a multiyear extension of renewable energy credits. It worked. Last Friday, Congress voted to extend the 30 percent solar investment tax credit through 2019, and then to reduce it to 10 percent through 2022.

That move instantly made the U.S. solar industry viable for another six years. [emphasis added] Investors were elated. SolarCity’s stock popped as details of the budget agreement began to emerge and then soared on its announcement. By Friday, the stock was above $56, up about 117 percent from its November low. SunEdison’s stock closed on Friday at $6.51, up 127 percent in a month. The Guggenheim Solar ETF is up about 30 percent from Nov. 19 through last Friday.

God bless us, everyone.

It will cost us, everyone. Except for the solar companies, who are busy carving up the fatted Christmas goose.

November 12 Colorado Energy Cheat Sheet: Colorado hit hard by CPP; Bennet defends pro-Keystone stance; CSU report rejects “sky-is-falling” contamination claims

Colorado would be the 18th hardest hit state, and fourth most expensive for the cost of carbon reduction under the Environmental Protection Agency’s Clean Power Plan, according to a new report from Fitch Ratings:

Wide-ranging voices—in politics; in business; consumer advocates like our coalition—have been warning of the potentially crippling costs of the U.S. Environmental Protection Agency’s soon-to-be-implemented Clean Power Plan. Its ripple effects will be felt nationwide, and Colorado is by all indications squarely in harm’s way.

As we have contended for some time now, the proposed federal mandate for air standards will impact every type of consumer—residential, small business, agricultural and industrial—in every community in Colorado. That includes consumers served by public utilities, municipal providers and rural cooperatives. And the changes to Colorado’s statewide power generation contemplated by the EPA’s mandates may ultimately cost many billions of dollars.

Rather than heed or, at least, consider some of these urgent concerns, however, defenders of the oncoming Juggernaut have sought in many cases to dismiss the criticism as coming from interests that are supposedly too close to the debate. Stakeholders involved in energy development of fossil fuels, for example, or power generation, are accused of having a vested interest and thus, presumably, are less than objective. Fairly or not, policy debates often turn on such considerations.

Well, now, another authoritative voice has entered the fray, and this time it is one without a discernible horse in the race. It is the voice of a truly neutral arbiter—one of the financial world’s “big three” credit-rating agencies—and it is sounding the alarm on the Clean Power Plan.

Fitch Ratings’ new report, “The Carbon Effect 2.0,” released just weeks ago, raises troubling concerns about the impact of the Clean Power Plan on the financial stability of the nation’s electric utilities. More troubling still, in the report’s state-by-state assessment, Colorado is among those facing the most formidable challenges, and potentially steepest costs, in complying with the Draconian EPA rules.

***

Governor John Hickenlooper continues to maintain his position that Attorney General Cynthia Coffman should defer to the governor on the matter of the AG’s lawsuit over the Clean Power Plan:

On his petition to the state Supreme Court to review Attorney General Cynthia Coffman’s authority to sue over the federal Clean Power Plan:

“I think the way the system’s meant, was designed, is that the governor and the attorney general should be consulting together on legal issues facing the state. But ultimately, the attorney general needs a client, and I think the governor was intended to be that voice, to speak for the agencies, the departments, to speak for the people. And I think if the attorney general and the governor don’t agree, my reading and [that of] the lawyers in our office is that this was intended ultimately to be the governor’s decision.”

Hickenlooper filed the petition to the Colorado Supreme Court last week.

***

The eco-inquisition is here, and the practice of selling environmental indulgences won’t be far behind:

Executives at publicly traded companies like Exxon Mobil may soon be talking more about climate change. Financial regulators are taking a closer look at how these companies disclose the impacts of climate change.

New York Attorney General Eric Schneiderman said Monday that Peabody Energy didn’t tell its investors all the financial risks from climate change and potential regulation. Peabody Energy, which owns a mine in Colorado, admits no wrongdoing, but it says it will now make disclosures that accurately and objectively represent climate impacts.

***

Methane regulations touted as saving money for companies, say regulators and companies hired to find methane leaks:

“What that means to the industry is substantial lost revenues,” he said.

He estimated that loss at about $1.2 billion a year even at today’s low natural gas prices.

Methane also is a potent greenhouse gas, and typically leaks in combination with volatile organic compounds and other pollutants. With that in mind, Colorado’s Air Quality Control Commission last year passed what’s known as Regulation 7, imposing the nation’s first rules specifically targeting methane emissions by the industry. Now the Environmental Protection Agency and Bureau of Land Management are considering rules targeting methane at the national level.

“Colorado … is the leader in the country on this issue by passing and enacting Regulation 7. We’re paying real close attention to how that’s going because there are several rulemakings on the federal level,” Von Bargen said.

***

U.S. Senator Michael Bennet defended his pro-Keystone XL stance even as his party’s leader, President Barack Obama, went the other way on the project last week:

Democratic U.S. Sen. Michael Bennet stood behind his vote earlier this year in favor of the proposed Keystone XL oil pipeline after the Obama administration rejected it on Friday after seven years of study and contentious debate.

“For years, the Keystone XL pipeline has been overhyped on both sides of the debate,” Bennet said in a statement to The Colorado Statesman. “The number of jobs it would create and the amount of carbon emissions it would facilitate have both been exaggerated.”

The proposed 1,200-mile pipeline would have transported 800,000 barrels of tar sands oil a day from Alberta, Canada, to Nebraska and ultimately on to refineries on the Gulf Coast of Texas. Bennet voted for a Senate bill approving the project in January.

“Based on scientific analyses that showed building Keystone XL would have little or no bearing on whether our nation will materially address climate change, I voted to move forward with the pipeline,” Bennet added. “The president vetoed the bill that Congress passed and has now administratively rejected the project. This is an issue on which the president and I disagree.”

***

A new CSU report concludes that, contrary to the popular line put forward by anti-fracking activists and other environmentalists, water-based contaminants from the fossil fuel industry aren’t seeping into wells in northern Colorado:

A new Colorado State University report says there is no evidence water-based contaminants are seeping into drinking-water wells over a vast oil and gas field in northeast Colorado.

A series of studies, led by CSU civil and environmental engineer professor Ken Carlson, analyzed the impact of oil and gas drilling on groundwater in the 6,700-square-mile Denver-Julesburg Basin, which extends between Greeley and Colorado Springs and between Limon and the foothills.

The studies were done under the auspices of the Colorado Water Watch, a state-funded effort started last year for real-time groundwater monitoring in the DJ Basin. The basin shares space with more than 30,000 active or abandoned oil and natural gas wells, say CSU researchers.

They primarily looked at the 24,000 producing and 7,500 abandoned wells in the Wattenberg Field, which sits mainly in Weld County.

“We feel that our results add to our database of knowledge,” Carlson said. “There isn’t a chronic, the-sky-is-falling type of problem with water contamination.”

Methane contamination was found in a small percentage of older wells, but according to the story, “it’s not toxic and isn’t a huge factor in terms of drinking-water safety.”

***

Many of the most well-known National Parks in the western United States would violate the new 70 ppb ozone regulation finalized last month, with the most egregious violator located along the Colorado-Utah border:

But national parks are among the worst offenders, with one maintaining levels of more than 100 ppb.

The 26 offenders are mainly in the West, with only a handful in the East, where coal-fired power plants dot the landscape.

The biggest violator is Dinosaur National Monument, home to 1,500 dinosaur fossils and a popular white-water rafting destination on the Colorado-Utah border. Its ozone level is 114 ppb. The runner-up at 90 ppb is the 631-square-mile Sequoia National Park in Northern California, a pristine forest boasting 3,200-year-old trees that are among the tallest in the world.

The Grand Canyon? It barely squeaks by at 69 ppb.

In all, 11 states have national parks that are in non-compliance with the new ozone standard: Arizona, 3; California, 9; Colorado, 2; Connecticut, 3; Illinois, 1; Maine, 1; Massachusetts, 1; Nevada, 1; New Jersey, 2; Pennsylvania, 1; and Utah, 2. Ozone levels are calculated over a three-year period.

The Grand Canyon narrowly missed violating the rule when the EPA went with the 70 ppb level instead of the lower end of the 65-70 range suggested in earlier drafts of the rule.

October 29 Colorado Energy Cheat Sheet: Hickenlooper vs. Coffman over EPA lawsuit; EPA spill report short on info says New Mexico; Frack or Treat

October 29, 2015 by michael · Comments Off
Filed under: CDPHE, Environmental Protection Agency, Legal, Legislation, PUC, regulations, solar energy, wind energy 

Attorney General Cynthia Coffman’s decision to challenge the Environmental Protection Agency’s authority to implement the Clean Power Plan has initiated a constitutional battle in the eyes of Governor John Hickenlooper:

Gov. John Hickenlooper said Monday he will seek the state Supreme Court’s opinion on the legality of Attorney General Cynthia Coffman’s lawsuit to stop implementation of the Clean Power Plan.

“This notion of everyone suing all the time every time you disagree with a specific remedy, a specific statute, is part of what makes people so frustrated with government,” Hickenlooper, who supports the plan, said in a meeting with The Denver Post’s editorial board.

“Except in very rare circumstances, generally the governor is supposed to make that decision in concert with the attorney general,” Hickenlooper said of the lawsuit. “But the governor should have that final say.”

Hickenlooper’s office pushed the issue further, saying the AG’s actions “just gets in the way” of state plans to cooperate with the CPP:

“The statute that we’re looking at speaks of prosecuting and defending on the request of the governor,” said Jacki Cooper Melmed, Hickenlooper’s chief legal counsel, citing Colorado’s revised statutes, title 24, article 31, part 1.

Cooper Melmed said she is worried about conflicts as some Coffman deputies work with Hickenlooper’s administration to implement the plan while others in the attorney general’s office try to quash it.

“This just gets in the way,” Cooper Melmed said of the lawsuit. “There’s no wall really high enough to allow these two things to happen out of the same office.”

Coffman, for her part, said she was “disappointed” in the Governor’s decision.

Former Colorado Attorney General Gale Norton called Hickenlooper’s stance “unusual” when it comes to the relationship between AG and Governor, even when representing opposing parties:

“For the governor to try to challenge in this way is unusual,” Norton said.

In almost all cases where a governor challenges an attorney general, Norton said, rulings are in the attorney general’s favor.

“The attorney general represents the state and not the governor,” Norton said. “The attorney general is elected to provide independent representation of the state’s interest.”

The Pueblo Chieftain and the Colorado Springs Gazette support Coffman’s lawsuit, while the Denver Post welcomes the clarification that the Colorado Supreme Court’s advice might bring.

Steamboat Today has a great roundup of other reactions for and against the lawsuit.

***

It’s not just states suing the EPA over the Clean Power Plan–at least 26 states filed almost immediately after the ruling was published last Friday–but other lawsuits are on their way from the U.S. Chamber of Commerce, National Rural Electric Cooperative Association and National Association of Manufacturers.

The EPA, meanwhile, is touting its flexibility–a “wide range of choices”–in allowing states to file extensions:

Screen Shot 2015-10-29 at 2.35.42 PM

***

Taking another crack at busting the CPP progress, this time using pre-existing Congressional review legislation:

Lawmakers opposed to the Obama administration’s climate rule for power plants are moving to block the regulations from taking effect.

Several senators will offer Congressional Review Act (CRA) resolutions Monday that seek to stop the Clean Power Plan. Senate Majority Leader Mitch McConnell (R-Ky.), a longtime opponent of carbon regulations for the power sector, will schedule a vote on the resolutions soon after they come out.

“I have vowed to do all I can to fight back against this administration on behalf of the thousands of Kentucky coal miners and their families, and this CRA is another tool in that battle,” McConnell said in a statement.

The Congressional Review Act gives lawmakers the ability to end an executive branch regulation through an act of Congress.

***

Communities around Colorado continue to struggle with mine runoff, the August EPA spill in southwest Colorado not withstanding:

Toxic mines hang over this haven for wildflowers, contaminating water and driving residents — like counterparts statewide — to press for better protection.

A local group went to federal court this month seeking long-term assurances that a water-treatment plant will always remain open as the collapsed tunnels and heaps of tailings leak an acid mix of heavy metals: arsenic, cadmium, zinc and others.

State data show these contaminants reaching Coal Creek — the primary water source for Crested Butte and the Gunnison Valley’s green pastures — at levels exceeding health standards.

“A lot of people are nervous,” said Alli Melton of High Country Conservation Advocates. “We’d like to get it as clean as possible.”

But the EPA isn’t being all the helpful, as the Interior Department inspector general report on the Gold King Mine/Animas River spill concluded, as the U.S. Chamber points out:

These two quotes from the report illustrate just how careless EPA was:

EPA has “little appreciation for the engineering complexity.”

“[T]here appears to be a general absence of knowledge of the risks associated with these [abandoned mining] facilities.”

Even EPA’s internal investigators didn’t hold back on the agencies irresponsibility. Its initial review concluded the spill was “likely inevitable,” but the agency wasn’t prepared to contain a spill before digging into the mine.

That isn’t much consolation for the folks in Colorado, New Mexico, Utah, and the Navajo Nation affected by the spill, as New Mexico’s top environmental watchdog Ryan Flynn said, quoted again by the Chamber:

While the report reveals that an EPA decision was made to refrain from validating the flawed water level estimates with a previously used successful procedure (using a drill rig to bore into the mine from above to directly determine the water level of the mine pool prior to excavating the backfill at the portal); the report says absolutely nothing about who made the decision to fly by the seat of their pants, by digging out the closed Gold King Mine tunnel based on un-validated estimates of what volume and pressure of contaminated water would be violently released.

Here in New Mexico, we are already quite clear on the fact that EPA made a mistake, as the DOI’s report underwhelmingly reveals. What we were wondering, and hoped the report could tell us, is why EPA made the mistake, and who at EPA made the decisions that authorized dangerous work to proceed based on un-validated estimates. It is shocking to read the DOI’s “independent investigation” only to find that it overlooks the who, the how, and the why. [emphasis added]

***

How big are subsidies for electric cars? Without the $5,000 tax credit in Georgia, the state saw sales of electric vehicles plummet nearly 90% in just two months:

According to Georgia car registrations, sales shot up as electric car buyers rushed to take advantage of the tax credit before it expired. But the numbers declined sharply in July and took a swan dive in August — the most recent month tabulated:

electric-vehicle-sales-in-Georgia-in-2015-data-compiled-by-Don-Francis

The decline from 1,338 in June to 148 in August represents a drop of 88.9 percent.

Read the rest of this excellent Watchdog article here.

***

It’s almost Halloween, so we’ll end on a spooky anti-energy note from Energy in Depth:

Screen Shot 2015-10-29 at 3.10.38 PM

The Community Environmental Legal Defense Fund (CELDF) has been waging an extreme campaign to ban fracking through so called “Community Bill of Rights” ballot initiatives, especially targeting communities in Colorado, Ohio, and Pennsylvania. The group has already forced taxpayers to pay tens of thousands of dollars to defend their illegal ordinances and it is now planning to hit communities in California, Oregon, New Hampshire and Washington State. In fact, as Energy In Depth’s new video shows, this Halloween, CELDF’s extreme (and expensive) campaign could be coming to a ballot box near you.

October 15 Colorado Energy Cheat Sheet: Che Guevara inspires fracking bans, another EPA spill in Colorado, AG Coffman vs. Gov. Hickenlooper

Be sure to check out and like our Energy Cheat Sheet page on Facebook for daily, up-to-the minute updates that compliment our weekly “best of” on the I2I Energy Blog.

Want to guess who the anti-energy, anti-fracking activists in Colorado have adopted as their patron saint, so to speak? None other than the murderous Communist revolutionary, Che Guevara:

At Monday’s “direct action” in Denver, protesters displayed signs with messages including “Ban Fracking Now,” “Keep Fossil Fuels in the Ground,” and “End Fracking—Renewables 100%.”

“What we have is an energy revolution that is at our feet, and we are the boots on the ground that this revolution wants to be. We are the energy of change,” said Shane Davis, who runs the Fractivist website, in Saturday’s opening speech at the Holiday Inn Stapleton.

He encouraged the anti-fracking movement to draw inspiration from Argentine Marxist revolutionary Che Guevara, a leading figure in the communist overthrow of Cuba.

“This is the time when we need to shake the political and economic fracking industry’s empire and their rule over global fossil-fuel energy consumption,” Davis said. “Fifty years ago, Che Guevara, a revolutionary humanitarian, fought similarly against ruling forces that were harming local communities.”

The Statesman’s Valerie Richardson recorded at least two different groups’ efforts to secure anti-fracking measures in 2016, with more than two different measures–a constitutional amendment and a measure to give localities veto powers over development.

***

Speaking of fracking and one of the most persistent myths extolled by anti-fracking proponents–groundwater contamination:

Some of the same researchers who previously claimed that groundwater in the Marcellus region was being contaminated by shale development released a new study this week finding no evidence that hydraulic fracturing fluids have migrated up into drinking water – consistent with what independent scientists and regulators have been saying about fracking for years. The new Proceedings of the National Academy of Sciences study, led by researchers at Yale, includes Robert Jackson (now with Stanford University) and Avner Vengosh, who were both behind the Duke studies that purported to find widespread contamination from shale development. But as their new study explains,

We found no evidence for direct communication with shallow drinking water wells due to upward migration form shale horizons. This result is encouraging, because it implies there is some degree of temporal and spatial separation between injected fluids and the drinking water supply.” (p. 5; emphasis added)

***

Colorado is catching legal heat for attempting to export its regulatory schemes, like the state’s renewable energy standard, forcing other states to follow “extraterritorial regulation”:

In April, 2011, E&E Legal sued the State of Colorado due to the unconstitutionality of the state’s renewable energy standard. As the case was working its way through the 10th Circuit, the Colorado legislature rushed to amend the law in an attempt to fix the most blatant unconstitutional provisions. They did not, however, cure all the problems.

Dr. David W. Schnare, lead attorney and E&E Legal’s General Counsel, noted at the time the Colorado legislature attempted to correct the RES, “This bill appears to remove some but not all of the unconstitutional elements of the statute. However, it also mandates new unconstitutional requirements by increasing the renewables standard to levels that, that like the current statute, cannot be justified when balanced against the harm they cause to interstate commerce.”

Specifically, the Legislature kept the sections that authorized Colorado to tell electric generating companies what means they had to use to sell “renewable” energy into Colorado, including companies that operated in other states and in some cases where the electricity they made did not and could not even reach Colorado. This is known as “extraterritorial regulation” and is prohibited under the Constitution.

Colorado is not alone in its efforts to tell other states how to regulate. California has the hubris to tell egg producers in Iowa what size chicken pens have to be. They have also told Canada how to make goose liver. Indeed, there is a growing effort for states to try to export their regulations onto other states.

Explained Schnare, “a state may not project its legislation into other states and may not control conduct beyond the boundaries of the State.”

***

The Environmental Protection Agency’s raft of new regulations has sprung a leak with the aptly named Waters of the United States rule:

Chief Justice John Roberts may have salvaged ObamaCare, but lower courts are proving to be more skeptical of executive overreach. On Friday the Sixth Circuit Court of Appeals stopped the Environmental Protection Agency’s new Clean Water Rule on grounds that it probably exceeds the agency’s legal authority.

The EPA rule, issued in May, extends federal jurisdiction over tens of millions of acres of private land that had been regulated by the states. In August a federal judge in North Dakota issued a preliminary injunction in 13 of the 31 states that have sued to block the rule, and the Sixth Circuit has now echoed that legal reasoning by enjoining the rule nationwide.

Ohio, Michigan and 16 other states challenged the rule, and a three-judge panel of the Sixth Circuit ruled two to one that the “petitioners have demonstrated a substantial possibility of success on the merits of their claims” and that a stay is needed to silence “the whirlwind of confusion that springs from the uncertainty” about the rule’s requirements.

As the Wall Street Journal noted, the most recent and significant threat to the waters within the United States came from the EPA itself:

The court also shot down the Administration’s argument that “the nation’s waters will suffer imminent injury if the new scheme is not immediately implemented and enforced.” As it happens, the single biggest recent injury to U.S. waterways is the EPA’s own Colorado mine disaster that turned the Animas River a toxic orange and flushed toxins into rivers across the Southwest.(emphasis added)

***

And the irony of the EPA threat to the nation’s waterways continued, as last week the agency triggered yet another spill in Colorado:

“Once again the EPA [Environmental Protection Agency] has failed to notify the appropriate local officials and agencies of the spill in a timely manner.” These are the words of U.S. Congressman Scott Tipton (R-CO) of Colorado’s 3rd Congressional District in response to another toxic spill resulting from EPA activities at an abandoned mine in western Colorado.

According to the Denver Post, an EPA mine crew working Thursday at the Standard Mine in the mountains near Crested Butte, triggered another spill of some 2,000 gallons of wastewater into a nearby mountain creek. Supporting Tipton’s remarks to Watchdog Arena, the Denver Post report states that the EPA had failed to release a report about the incident at the time of its writing.

Unlike the Gold King Mine, where on Aug. 5, an EPA mine crew exploring possible clean-up options, blew out a structural plug in the mine releasing over 3 million gallons of toxic waste into the Animas River, the Standard Mine is an EPA-designated superfund site, where the federal agency has been directing ongoing clean-up efforts.

yeah epa***

The EPA’s Clean Power Plan gets bipartisan pushback from Senators in Mississippi and North Dakota:

***

Colorado Attorney General Cynthia Coffman’s efforts on behalf of the state in battling overreaching EPA regulations has earned a great deal of visibility given the state’s party split between constitutional offices, with Democrat Governor John Hickenlooper spearheading Clean Power Plan implementation, and the Republican Coffman pushing back, rendering Hickenlooper a “spectator,” according to the Wall Street Journal:

Colorado’s wide-ranging litigation efforts, for example, have been spearheaded by GOP Attorney General Cynthia Coffman, who was part of a state coalition that won a ruling last week blocking Interior Department rules for hydraulic fracturing on public lands. She also had Colorado join a group of 13 states that won an August ruling blocking an EPA plan putting more small bodies of water and wetlands under federal protection. And Ms. Coffman recently said she would have Colorado join the suit against the EPA greenhouse-gas rule, expected to be filed as soon as this month.

“The rule is an unprecedented attempt to expand the federal government’s regulatory control over the states’ energy economy,” Ms. Coffman said in announcing her decision.

Mr. Hickenlooper, the governor, didn’t encourage the attorney general to join any of the cases; in fact, he is focusing on implementing the regulations, said spokeswoman Kathy Green. “The governor’s approach has been to work collaboratively and avoid costly lawsuits wherever possible,” she said.

June 11 Colorado Energy Roundup–Battle brewing over possible Colorado mine closure; Rep. Polis keeps options open on anti-fracking ballot measures

New Belgium Brewing Company has long touted its environmental sensitivity as part of its corporate culture and marketing–featuring its commitment to sustainability and other environmental goals prominently on its web page and in press releases and other materials.

But that support, and past funding of radical environmental groups, has drawn the ire of another Colorado business and its supporters on Colorado’s western slope, who face shutdown of the nearby Colowyo Coal Mine because of the exact policies fostered by their Front Range counterparts.

In other words, the brewery may have finally blown a (fat) tire on its way to greener pastures and killing fellow Colorado businesses and jobs:

Craig — Liquor stores and restaurants across Craig are pulling Colorado craft beers off their shelves due to the beer companies’ financial support to WildEarth Guardians, the environmental group that put Colowyo Coal Mine at risk of being shutdown.

Stockmen’s Liquor pulled 12 brands of beer — including New Belgium Brewery — because they are listed as WildEarth Guardians supporters.

“We pulled those beers because their support of WildEarth Guardians… who said their ultimate goal is to shut down coal mines,” said Lori Gillam, owner of Stockmen’s. “Craig is a coal mine town.”

WildEarth Guardians has a list of business supporters on its website, and New Belgium and Breckenridge Brewery are among their backers. Yet, after this story was published, the WildEarth Guardians removed the list of supporters off of its website. However, readers can view the cached website by clicking here.

Advised of the brewing Craig brouhaha over its support of WEG, New Belgium released this statement:

“At New Belgium Brewing, we support non-profit partners who advocate for healthy watersheds. Wild Earth Guardians first contacted New Belgium in 2008 seeking grant money for restoration projects along the Colorado River. We supported these efforts because Colorado businesses, residents and the environment are dependent upon sound water management,” according to the press release. “Specific to any work Wild Earth Guardians has done regarding the ColoWyo and Trapper mines, we were unaware of it at the time and that is outside the scope of our grant allocations. We have no further funding pending at this time.”

But this measured and somewhat distancing response strays from previous environmental forays for the company, who helped sponsor “Frack Free Colorado” and an anti-fracking rally in 2012, among other anti-fracking activities.

New Belgium started a political action committee in 2014 to help candidates it believed furthered environmental policies the company supported.

But this battle has just begun. More than 900 residents in northwest Colorado gathered to hear what the closure of the coal mine might mean:

U.S. District Court Judge R. Brooke Jackson gave the federal Office of Surface Mining 120 days to bring the permit into compliance with the National Environmental Policy Act, a time frame that left company and state officials flabbergasted.

“I believe that public involvement and compliance with NEPA are fundamental to federal agencies like OSM making informed decisions concerning federal resources,” said Colorado Department of Natural Resources director Mike King on Monday in a statement.

“However, the court has provided an unrealistically short timeframe to remedy a complicated NEPA process; threatening a mine shut-down on a federal permitting decision that has been in place for eight years and that Colowyo has been implementing during that time is an unacceptable result,” he said.

King said the state is weighing legal options, including joining a Tri-State appeal of the judge’s order and request for a stay. If granted, a stay would allow the mine to remain open until the appeals process is concluded.

Without that, it’s possible the mine could be forced to close after 120 days, putting at risk the livelihoods of Colowyo’s 220 employees as well as the region’s locally owned businesses supported indirectly by the mine.

It was a lawsuit by WildEarth Guardians that prompted Judge Jackson’s May 8 decision.

Moffat County liquor store owner Lori Gillam told The Colorado Statesman that the brewing companies supported WildEarth Guardians have been removed from her store’s shelves.

“I have 12 holes on my shelves right now because of them supporting WildEarth Guardians,” Gillam told the Statesman.

“WildEarth Guardians has said they want to ban coal — they want it gone — and we’re a coal-mining town. It’s important for us to support the people who support us and not the people who want to destroy our community,” Gillam said.

We’ve included the entire list of WildEarth Guardians’ corporate supporters, in addition to the link above, in case the cached version is removed.

***

Despite Governor John Hickenlooper’s attempts to downplay any possible fracking measures on 2015 local ballots or the 2016 November election, Democratic Congressman Jared Polis (R-CO) has not sounded the death knell for any possible anti-fracking proposals in the near future, and given his position in sponsoring a large number of those scuttled in 2014, may have more of an influence than the governor:

Boulder Congressman Jared Polis, who backed the ballot proposals and then agreed to remove them a year ago, says it’s too early to say what might be proposed for the 2016 Colorado ballot.

“Given the pending Fort Collins and Longmont lawsuits that will hopefully confirm local authority to regulate fracking, and that we are 18 months out from the 2016 election, I can no more predict whether a ballot initiative is needed or would be viable in 2016 than I can predict who is going to win the World Series that year,” Polis told the Daily Camera. “But if the governor is clairvoyant, I’d love to schedule a trip to Vegas with him soon.”

Polis sees more uncertainty in the outcomes of the Fort Collins and Longmont appeals than we do. A Boulder County judge overturned Longmont’s fracking ban last July. A Larimer County judge overturned Fort Collins’ five-year fracking moratorium in August. Everywhere it has contested such community actions, the Colorado Oil & Gas Association has won, citing preemption by the state, which “fosters” oil and gas development by statute.

The Boulder Daily Camera editorial concludes that Hickenlooper’s “declaration of surrender” on fracking is, the editorial board hopes, “premature.”

Only a few people like Polis–who has the desire and the dollars to make ballot measures happen–know more about possible anti-fracking measures than the governor.

And for now, it appears the Congressman is keeping all options on the table.

***

WildEarth Guardians would like to thank the following businesses for generously supporting our work. If you would like to be added to our “Businesses for Guardians” webpage, please contact us today and learn how!

Advantage Energy Solutions, LLC, Corrales, New Mexico
Agua Fria Nursery, Santa Fe, New Mexico
Altitude Salon, Englewood, Colorado
Andiamo!, Santa Fe, New Mexico
Arizona Cyclist, Tucson, Arizona
Arizona Nature Aquatics, Tucson, Arizona
Arizona Sonora Desert Museum, Tucson, Arizona
Ark Bookstore, Santa Fe, New Mexico
Armendaris Ranch, New Mexico
Armstrong McCall Of Albuquerque, Albuquerque, New Mexico
Arrows and Eskers, Los Angeles, CA
Art For Transformation, Santa Fe, New Mexico
Artichoke Café, Albuquerque, New Mexico
Asian Adobe, Santa Fe, New Mexico
Asian Palate, Buena Vista, Colorado
Aspen Websites, Colorado Springs, Colorado
Atrisco Café and Bar, Santa Fe, New Mexico
Ava Morris Pottery, Tesuque, New Mexico
Avanyu At La Posada, Santa Fe, New Mexico
Aveda – Rachel Thompson, Denver, Colorado
Aveda Park Meadows, Littleton, Colorado
Aventouras, Evergreen, Colorado
Avery Brewing Co, Boulder, Colorado
Baca St Yoga, Santa Fe, New Mexico
Bacco Trattoria & Mozzarella Bar, Boulder, Colorado
Bahti Indian Arts, Tucson, Arizona
Banfi Vintners, Glen Head, New York
Bank of the West, Albuquerque, New Mexico
Barb’s Frame of Mind, Tucson, Arizona
Baroness Wine Distributor, Denver, Colorado
Beadweaver, Santa Fe, New Mexico
Bear Mountain Lodge, Silver City, New Mexico
Beauty & The Beads, Santa Fe, New Mexico
Bellaluca Café Italiano, Truth or Consequence, New Mexico
Benihana, Denver, Colorado
Bernard Ewell Fine Arts Appraisals, Santa Fe, New Mexico
Betty’s Bath And Day Spa, Albuquerque, New Mexico
Bhakti Chai, Boulder, Colorado
Big Sky Community Corporation, Big Sky, Montana
Bike Coop, Albuquerque, New Mexico
Bike’n’sport, Santa Fe, New Mexico
Bill’s European Auto Repair, Santa Fe, New Mexico
Bioneers, Santa Fe, New Mexico
Bioshield Paint Co, Santa Fe, New Mexico
Bird’s Eye View GIS, Albuquerque, New Mexico
Bishop’s Lodge, Santa Fe, New Mexico
Bittersweet Designs, Santa Fe, New Mexico
Black Mesa Winery, Velarde, New Mexico
Black Range Lodge, Kingston, New Mexico
Blue Canyon Gallery, Magdalena, New Mexico
Blue Corn Café, Santa Fe, New Mexico
Blue Willow Restaurant, Tucson, Arizona
Chaine Pena Business Body

“We support WildEarth Guardians because we believe in a wild world that supports all wild creatures.” ~ Chaine Pena, Boutique Specialist and Yoga Teacher at BODY Santa Fe

BODY of Santa Fe, Santa Fe, New Mexico
Bolder World, Boulder, Colorado
Bookworks, Albuquerque, New Mexico
Boulder Beer Company, Boulder, Colorado
Boulder Dushanbe Teahouse, Boulder, Colorado
Boulder Spa, Boulder, Colorado
Boulder Theater, Boulder, Colorado
Boulderado Hotel, Boulder, Colorado
Bounce Back Integrative Veterinary Rehabilitation, Santa Fe, New Mexico
Breckenridge Brewing Co, Denver, Colorado
Brian Cobble Etchings, Albuquerque, New Mexico
Briar Rose Bed And Breakfast, Boulder, Colorado
Bright Funds, San Francisco, California
Broken Saddle Riding Co, Cerrillos, New Mexico
Broken Spoke, Santa Fe, New Mexico
Brooklyn Pizza Company, Tucson, Arizona
Buffalo Thunder Resort, Santa Fe, New Mexico
Buglet Solar, Golden, Colorado
Bumble Bee’s Baja Grill, Santa Fe, New Mexico
Butterfly Thai Yoga, Santa Fe, New Mexico
Cafe Cafe, Santa Fe, New Mexico
Café Castro, Santa Fe, New Mexico
Café Dominic, Santa Fe, New Mexico
Cafe Marcel, Tucson, Arizona
Cafe Pasqual’s, Santa Fe, New Mexico
Captain Marble, Santa Fe, New Mexico
Cardrageous, Santa Fe, New Mexico
Caring Clinic, Boulder, Colorado
Carole LaRoche Gallery, Santa Fe, New Mexico
Casa Benavides, Taos, New Mexico
Casa De Brio Equestrian Center, Santa Fe, New Mexico
Casa De Estrellas, Santa Fe, New Mexico
Casa Natura, Santa Fe, New Mexico
Casa Nova, Santa Fe, New Mexico
Cate Moses Public Relations, Santa Fe, New Mexico
Celestial Massage, Denver, Colorado
Celtic Jewelry, Santa Fe, New Mexico
Center For Contemporary Arts, Santa Fe, New Mexico
CG Higgins Confections, Santa Fe, New Mexico
Chapare, Santa Fe, New Mexico
Chapelle Street Casitas, Santa Fe, New Mexico
Charmed Planet Photography, Santa Fe, New Mexico
Cheesecake Factory, Boulder, Colorado
Cherry Creek Shopping Center, Denver, Colorado
Chile Shop, Santa Fe, New Mexico
Chocolate Maven, Santa Fe, New Mexico
Chocolate Smith, Santa Fe, New Mexico
ChoLon, Denver, Colorado
Christine Loizeaux, Santa Barbara, California
Christy’s Sports, Denver, Colorado
Church of Satin, Tucson, Arizona
Cibolo Nature Center, Boerne, Texas
Cid’s Food Market, Taos, New Mexico
Circo Vino, Tucson, Arizona
City O’ City, Denver, Colorado
Clafoutis, Santa Fe, New Mexico
Claire Haye Gallery, Arroyo Seco, New Mexico
Clayworks, Santa Fe, New Mexico
Cleopatra Café, Santa Fe, New Mexico
Collected Works Bookstore, Santa Fe, New Mexico
Colorado Ballet, Denver, Colorado
Colorado Hot Air Balloon, Dillon, Colorado
Colorado Wolf and Wildlife Center, Divide, Colorado
Comedy Works, Denver, Colorado
Common Era, Boulder and Denver, Colorado
Communications Infrastructure Inc., Stevensville, MT
Confluence Kayak, Denver, Colorado
Connolly Ranch, Napa, California
Conservation Photography, Fort Collins, Colorado
Contemporary Driftwood Furniture, Santa Fe, New Mexico
Corks The Wine Store, Denver, Colorado
Corrales Solar, Corrales, NM
Cosbar, Santa Fe, New Mexico
Costume Salon, Santa Fe, New Mexico
Cottonwood Printing, Albuquerque, New Mexico
Counter Culture, Santa Fe, New Mexico
Cowgirl Hall of Fame, Santa Fe, New Mexico
Creativity For Peace, Glorieta, New Mexico
Critters and Me, Santa Fe, New Mexico
Cupcake Clothing, Santa Fe, New Mexico
Cupcakeology, La Vernia, Texas
Daily Grind, Albuquerque, New Mexico
Daisy Paw, Louisville, Colorado
Davis Therapeutic Massage, Denver, Colorado
DDC Freight Processing Outsourcing LLC, Evergreen, Colorado
Dean Allan Design, Denver, Colorado
Debbie DiCarlo, Richfield, Ohio
DecorAsian, Longmont, Colorado
Deer Hammer Distillery, Buena Vista, Colorado
Delectables, Tucson, Arizona
Dell Fox Jewelry, Santa Fe, New Mexico
Dennis Conner’s America’s Cup Experience, San Diego, California
Denver Bike Sharing, Denver, Colorado
Denver Botanic Gardens, Denver, Colorado
Denver Film Society, Denver, Colorado
Denver Museum of Science and Nature, Denver, Colorado
Denver Urban Homesteading, Denver, Colorado
Denver Zoological Foundation, Denver, Colorado
Desert Bloom Florist, Portsmouth, Rhode Island
Desert Dwellers, Santa Fe, New Mexico
Design Training Collaborative, Placitas, New Mexico
Dickey’s BBQ, Colorado Springs, Colorado
Dinner For Two, Santa Fe, New Mexico
Direct Power And Water Corporation, Albuquerque, New Mexico
Dirty Dawgs, Tucson, Arizona
Doodlets, Santa Fe, New Mexico
Dublin Square, San Diego, California
Durango & Silverton Narrow Gauge Railroad, Durango, Colorado
Durango Cyrus Café, Durango, Colorado
Dust in the Wind, Santa Fe, New Mexico
Dusty Dog Ranch, Santa Fe, New Mexico
Earthship Biotechture, Taos, New Mexico
East by Southwest, Durango, Colorado
Ecco Espresso Gelato, Santa Fe, New Mexico
Eddie Bauer First Ascent, Bellevue, Washington
Eden Medispa, Santa Fe, New Mexico
El Dorado Hotel & Spa, Santa Fe, New Mexico
El Farol, Santa Fe, New Mexico
El Meson, Santa Fe, New Mexico
El Meze, Taos, New Mexico
El Monte Sagrado, Taos, New Mexico
El Rancho De Las Golondrinas, Santa Fe, New Mexico
El Tesoro Cafe, Santa Fe, New Mexico
Eldora Mountain Resort, Nederland, Colorado
Eldorado Country Pet, Santa Fe, New Mexico
Eldorado Physical Therapy, Santa Fe, New Mexico
Elevation Coffee, Taos, New Mexico
Emerald Earth, Santa Fe, New Mexico
Emily Branden Creations, Santa Fe, New Mexico
Envision, Boulder, Colorado
Eric Reinemann Artist, Santa Fe, New Mexico
Ernesto Mayans Gallery, Santa Fe, New Mexico
Eskimo Ski And Board Shop, Centennial, Colorado
eTown, Boulder, Colorado
Evolve Fitness, Santa Fe, New Mexico
Eye Candy Graphics, Denver, Colorado
Fair Wheel Bikes, Tucson, Arizona
Fair Laundromat, Tucson, Arizona
Far Flung Adventures, El Prado, New Mexico
Farfel’s Farm, Boulder, Colorado
Farina Pizzeria and Wine Bar, Albuquerque, New Mexico
Fast Frames of LoDo, Denver, Colorado
Fat Tire Cycles, Albuquerque, New Mexico
Feathered Friends, Santa Fe, New Mexico
Findley Lake Nature Center, Findley Lake, New York
Fine Art Framers, Santa Fe, New Mexico
Firebusters, Albuquerque, New Mexico
Flagstaff Sports Exchange, Flagstaff, Arizona
Food Conspiracy Co-op, Tucson, Arizona
Foreign Traders, Santa Fe, New Mexico
Foundation For Deep Ecology, San Francisco, California
Four Seasons Encantado Resort, Santa Fe, New Mexico
Four Star Tattoo, Santa Fe, New Mexico
Fourth World Cottage Industry, Santa Fe, New Mexico
Frame of Mind, Santa Fe, New Mexico
Frame Shop of Boulder, Boulder, Colorado
Frog Works, Littleton, Colorado
Fuego Baseball of the Pecos League, Houston, Texas
Gaiam Living, Boulder, Colorado
Gale Gotto Fine Art Photography, Golden, Colorado
Galloway Images, Santa Fe, New Mexico
Garcia St. Books, Santa Fe, New Mexico
Gathering Of the Nations Miss Indian World, Albuquerque, New Mexico
Gauchezco Vineyards, Mendoza, Argentina
Gearing Up!, Taos, New Mexico
Gelato Benissimo, Santa Fe, New Mexico
Georgia O’Keeffe Museum, Santa Fe, New Mexico
Ghost Ranch, Abiquiu, New Mexico
Gila House Hotel/ Gallery 400, Silver City, New Mexico
Glacier Club, Durango, Colorado
Glenna Goodacre Studios, Santa Fe, New Mexico
Gold Hill Inn, Boulder, Colorado
Goodman Realty Group, Albuquerque, New Mexico
Gorge Bar and Grill, Taos, New Mexico
Grand Imperial Hotel, Silverton, Colorado
Grand Rabbits Toy Shoppe, Boulder, Colorado
Great Divide Brewing Co, Denver, Colorado
Great Frame Up, Boulder, Colorado
Great Old Broads For Wilderness, Durango, Colorado
Great Southwest Adventures, Santa Fe, New Mexico
Gregory Sellars Window Cleaning, Santa Fe, New Mexico
Grove Market & Café, Albuquerque, New Mexico
Guadalupe Café, Santa Fe, New Mexico
Guadalupano Imports, Albuquerque, New Mexico
Gulf Restoration Network, New Orleans, Louisiana
Gypsy Jewel, Boulder, Colorado
Haagen Dazs, Santa Fe, New Mexico
Hacienda Nicholas, Santa Fe, New Mexico
Hair, Mind And Body, Santa Fe, New Mexico
Haircut Place, Albuquerque, New Mexico
Hapa Sushi Grill & Sake Bar, Boulder, Colorado
Harbor Court Hotel, San Francisco, California
Harp of the Spirit, Los Alamos, New Mexico
Harry’s RoadHouse, Santa Fe, New Mexico
Hazel & Dewey, Denver, Colorado
Heart Gallery of New Mexico, Santa Fe, New Mexico
Heath Concerts, Santa Fe, New Mexico
Herb Store, Albuquerque, New Mexico
Herbs Etc., Santa Fe, New Mexico
Heritage Hotels And Resorts, Albuquerque, New Mexico
High Desert Healthcare & Massage, Santa Fe, New Mexico
High Desert Arts, Santa Fe, New Mexico
High Finance Restaurant, Albuquerque, New Mexico
Hiland Frames, Albuquerque, New Mexico
Himalayas Restaurant, Boulder, Colorado
Holland Marketing—Out of Africa, Santa Fe, New Mexico
Holly In Hanoi, Boulder, Colorado
Hotel Santa Fe, Santa Fe, New Mexico
House of Commons Tea Room, Denver, Colorado
Houston Wholesale Cars LLC, Albuquerque, New Mexico
Hutton Broadcasting, Santa Fe, New Mexico
Hydro Flask, Bend, Oregon
Ice House Lodge, Telluride, Colorado
Il Piatto, Santa Fe, New Mexico
Ima Glass Studio, Santa Fe, New Mexico
Imbibe, Albuquerque, New Mexico
In Transit, Santa Fe, New Mexico
Incana Designs, Santa Fe, New Mexico
India Palace, Santa Fe, New Mexico
Inn And Spa At Loretto, Santa Fe, New Mexico
Inn At Cherry Creek, Denver, Colorado
Inn At Sunrise Springs, Santa Fe, New Mexico
Inn of The Anasazi, Santa Fe, New Mexico
Inn on the Alameda, Santa Fe, New Mexico
Insight Construction, Albuquerque, New Mexico
Insituto De Ecologia Unam, Mexico
I-Scoot, Santa Fe, New Mexico
Isleta Eagle Golf Course, Albuquerque, New Mexico
Jack Hadley Music, Boulder, Colorado
Jackson Hole Conservaton Alliance, Jackson, Wyoming
Jambo Café, Santa Fe, New Mexico
Jazzercise, Santa Fe, New Mexico
Jemez Springs Bath House, Jemez Springs, New Mexico
Jess Alford Photography, Tijeras, New Mexico
Jewel Mark, Santa Fe, New Mexico
Jinja Bar & Bistro, Santa Fe, New Mexico
John Fielder’s Colorado, Denver, Colorado
Jon Paul Gallery, S. Lake Tahoe, California
Joni Bilderback, Albuquerque, New Mexico
Joseph Thomas Colorado Images, Colorado
Kanon Collective, Denver, Colorado
Kathy Olshefsky, Artist, Lamy, New Mexico
Katydid Books and Music, Jerome, Arizona
Kelli Brown, Artist, San Antonio, Texas
Kendall Mountain Café, Silverton, Colorado
Keshi, Santa Fe, New Mexico
Keva Juice, Santa Fe, New Mexico
Keystone Prairie Dogs, Auburn, Washington
Kimpton Hotels, San Francisco, California
Kioti, Santa Fe, New Mexico
Kip’s Grill & Cantina, Pagosa Springs, Colorado
Kokopelli Rafting Adventure, Santa Fe, New Mexico
Kristen Olsen, Artist, Denver, Colorado
La Boca, Santa Fe, New Mexico
La Casa Sena, Santa Fe, New Mexico
La Cocina de Luz, Telluride, Colorado
LaKind Dental Group, Santa Fe, New Mexico
La Mesa of Santa Fe, Santa Fe, New Mexico
La Montañita Coop, Albuquerque, New Mexico
La Posada, Santa Fe, New Mexico
La Siringitu Cafe, Albuquerque, New Mexico
Lara Nickel, Santa Fe, New Mexico
Laroche Gallery, Santa Fe, New Mexico
Larry’s Hats and Antiques, Albuquerque, New Mexico
Lars Strong, Artist, Santa Fe, New Mexico
Late Nite Grafix, Inc., Santa Fe, New Mexico
Laughing Lizard Inn and Cafe, Jemez, New Mexico
Lawrene Huff, Artist, Kamogawa-Shi
Le Bon Voyage, Santa Fe, New Mexico
Leanin Tree Museum, Boulder, Colorado
Lensic Performing Arts Center, Santa Fe, New Mexico
Lexus of Albuquerque, Albuquerque, New Mexico
Linson’s Design Source, Santa Fe, New Mexico
Liquid Light Glass, Santa Fe, New Mexico
Living Light Gallery, Taos, New Mexico
Los Poblanos Organics, Albuquerque, New Mexico
Los Rios River Runners, Taos, New Mexico
Lucille’s, Santa Fe, New Mexico
Lumenscapes, Santa Fe, New Mexico
Lyric Brick Company, Jamestown, Colorado
Madame M’s Enchanted Parlor, Taos, New Mexico
Mandrill’s Gym, Santa Fe, New Mexico
Manitou and Pike’s Peak Railway Co., Manitou Springs, Colorado
Maria’s New Mexican Kitchen, Santa Fe, New Mexico
Marja Custom Catering, Santa Fe, New Mexico

“We support WildEarth Guardians because we believe in protecting New Mexico’s wild animals and the Rio Grande.” ~ Mark Gonzales, Mark Pardo Salon Spa in Albuquerque

Mark Pardo Salon Spa, Albuquerque, New Mexico
Mark White Fine Art, Santa Fe, New Mexico
Marsello Brushwork, Albuquerque, New Mexico
Massage Therapist Debra Kopp, Boulder, Colorado
Massage Therapist – Valerie Baldovi, Colorado Springs, Colorado
Masterful Mosaics, Albuquerque, New Mexico
Mavrick Lobe, Massage, Santa Fe, New Mexico
Maya, Santa Fe, New Mexico
McGuckin Hardware, Boulder, Colorado
Mediterranean Restaurant, Boulder, Colorado
Mercury Cafe, Denver, Colorado
Mercury Framing, Boulder, Colorado
Michael Thomas Coffee Roasters, Albuquerque, New Mexico
Millicent Rogers Museum, Taos, New Mexico
Mira, Santa Fe, New Mexico
Mojave West, Sausalito, California
Mouthfuls, Denver, Colorado
Museum Hill Café, Santa Fe, New Mexico
Nancy Bazar, Artist, Seattle, Washington
Nancy Brown Custom Jeweler, Santa Fe, New Mexico
National Association of Broadcasters, Washington, DC
National Distributing Company, Albuquerque, New Mexico
National Ecological Observation Network, Boulder, Colorado
Nature’s Own, Boulder, Colorado
Nevad Wier, Santa Fe, New Mexico
New Belgium Brewing Company, Fort Collins, Colorado
New Mexico Biopark Society, Albuquerque, New Mexico
New Mexico Family Chiropractic, Santa Fe, New Mexico
New Mexico Technet, Albuquerque, New Mexico
New Planet Beer Co, Boulder, Colorado
New Rochester Hotel, Durango, Colorado
New Sheridan Hotel, Telluride, Colorado
New York Deli, Santa Fe, New Mexico
Night Sky Gallery, Santa Fe, New Mexico
Nila Bindu Jewelry, Santa Fe, New Mexico
Ohori’s Coffee Roasters, Santa Fe, New Mexico
Ojo Caliente Mineral Springs Resort, Ojo Caliente, New Mexico
Ojo Sarco Pottery, Chamisal, New Mexico
Old Wood, Las Vegas, New Mexico
Origins, Santa Fe, New Mexico
Orlando’s New Mexican Café, Taos, New Mexico
Osprey Packs, Cortez, Colorado
Osuna Nursery And Greenhouses, Albuquerque, New Mexico
Ouray Meyers, Artist, Taos, New Mexico
Outdoor Divas, Boulder, Colorado
Outside Magazine, Santa Fe, New Mexico
Paige Barton Jewelry, Santa Fe, New Mexico
Paley Center For Media, New York, New York
Pamela Wilson, Occupational Therapist, Albuquerque, New Mexico
Pamoja Project, Santa Fe, New Mexico
Pantry Restaurant, Santa Fe, New Mexico
Parlour Salon, Denver, Colorado
Parts Unknown, Santa Fe, New Mexico
Pasta Jays, Boulder, Colorado
Patagonia, Denver, Colorado
Patagonia, Reno, NV
Paws & Claws Pet Salons, Tucson, Arizona
Payne’s Nurseries, Santa Fe, New Mexico
Peaceful Paws For Dogs, Boyceville, Wisconsin
Peas ‘n’ Pod, Santa Fe, New Mexico
Pecos Valley Grassfed Beef, Ribera, New Mexico
Penny Weights, New Canaan, Connecticut
Pepper Pod Restaurant, Hudson, Colorado
Petco, Santa Fe, New Mexico
Peter Noom Carpentry, Santa Fe, New Mexico
Peyote Bird, Santa Fe, New Mexico
Peyton Wright Gallery, Santa Fe, New Mexico
Phantom Canyon Brewing Co., Colorado Springs, Colorado
Photo Eye Books And Prints, Santa Fe, New Mexico
Pierpont Cabinets, Lamy, New Mexico
Pink Fog Studies, Glendale, Colorado
Pizza Centro, Santa Fe, New Mexico
Pizzaria Espiritu, Santa Fe, New Mexico
Planetarium At SF Community College, Santa Fe, New Mexico
Plants of the Southwest, Santa Fe, New Mexico
Plant Trees 4 Life, Aspen, Colorado
Posters of Santa Fe, Santa Fe, New Mexico
Potomac Garage Solutions, Santa Fe, New Mexico
Prairie Dog Glass, Santa Fe, New Mexico
Pranzo Italian Grill, Santa Fe, New Mexico
Proscape Landscape Management, Albuquerque, New Mexico
Prost Brewing, Denver, Colorado
Purple Adobe Lavendar Farm, Abiquiu, New Mexico
Purple Sage, Santa Fe, New Mexico
Pyramid Cafe, Santa Fe, New Mexico
R. Mole Sculpture, Santa Fe, New Mexico
Rancho De San Juan, Santa Fe, New Mexico
Ray Rafiti Photography, Fort Collins, Colorado
RC Bicycles, Tucson, Arizona
Re-Threads, Taos, New Mexico
REI Boulder, Boulder, Colorado
REI Santa Fe, Santa Fe, New Mexico
Rift Gallery, Rinconada, New Mexico
Rioja, Denver, Colorado
Riverbend Hot Springs, Truth or Consequences, New Mexico
Rock, Paper, Scissors Spa, Santa Fe, New Mexico
Rodeo Plaza Flowers, Santa Fe, New Mexico
Rooftop Pizzaria, Santa Fe, New Mexico
Root Down, Denver, Colorado
Rosebud Video Productions, Santa Fe, New Mexico
Running Hub, Santa Fe, New Mexico
Sacred Geology, Santa Fe, New Mexico
Salon Del Mar, Santa Fe, New Mexico
Salsa Rueda, Santa Fe, New Mexico
Saltanah Dancers, Santa Fe, New Mexico
Sam’s No 3 Diner, Denver, Colorado
Samuel Design Group, Santa Fe, New Mexico
San Francisco Street Bar & Grill, Santa Fe, New Mexico
San Isidro Permaculture, Santa Fe, New Mexico
Sanctuary, Santa Fe, New Mexico
Sanctuary Home, Denver, Colorado
Sandra Rhodes Crafts, New Haven, Connecticut
Santa Fe Baking Company, Santa Fe, New Mexico
Santa Fe Bar And Grill, Santa Fe, New Mexico
Santa Fe Basket Company, Santa Fe, New Mexico
Santa Fe Brewing Company, Santa Fe, New Mexico
Santa Fe Candle, Santa Fe, New Mexico
Santa Fe Computerworks, Santa Fe, New Mexico
Santa Fe Dry Goods, Santa Fe, New Mexico
Santa Fe Film Festival, Santa Fe, New Mexico
Santa Fe Hemp, Santa Fe, New Mexico
Santa Fe Massage, Santa Fe, New Mexico
Santa Fe Mountain Adventures LLC, Santa Fe, New Mexico
Santa Fe Pedicabs, Santa Fe, New Mexico
Santa Fe Permaculture, Inc, Santa Fe, New Mexico
Santa Fe Opera, Santa Fe, New Mexico
Santa Fe Reporter, Santa Fe, New Mexico
Santa Fe Stoneworks, Santa Fe, New Mexico
Santa Fe Sun Monthly, Santa Fe, New Mexico
Santacafe, Santa Fe, New Mexico
Schaffner Press, Tucson, Arizona
Scheinbaum & Russek Gallery, Santa Fe, New Mexico
Second Street Brewery, Santa Fe, New Mexico
Secret River Design, Washington DC
Sense Clothing, Santa Fe, New Mexico
Serac Adventure Films, Boulder, Colorado
Seventh Ray Skin Care, Santa Fe, New Mexico
Shake Foundation, Santa Fe, New Mexico
Shevek & Co. Restaurant, Silver City, New Mexico
Shiloh Pet Supply, Santa Fe, New Mexico
Sierra Grande Lodge, Truth or Consequences, New Mexico
Silver Gate Lodging, Silver Gate, Montana
Silver Sun, Santa Fe, New Mexico
Silverton Mountain, Silverton, Colorado
Silver Sea Jewelry, Tucson, Arizona
Sister Hawk, Santa Fe, New Mexico
Six Directions Gallery, Taos, New Mexico
Ska Brewing, Durango, Colorado
Sky Bar, Tucson, Arizona
Smith Family Garden Luau, Kapaa, Hawaii
Smith Optics, Ketchum, Idaho
Snooze SouthGlenn, Centennial, Colorado
SOL Lingerie, Denver, Colorado
SOSF Bike Tours, San Francisco, California
Southern Colorado Repertory Theatre, Trinidad, Colorado
Southern Wine & Spirits of New Mexico, Albuquerque, New Mexico
Southwest Airlines Co, Dallas, Texas
Southwest Nordic Center, Taos, New Mexico
Spa Namaste, Santa Fe, New Mexico
Spears Horn Architects, Santa Fe, New Mexico
Sprouts Farmer’s Market, Santa Fe, New Mexico
Sputnik, Denver, Colorado
Square Root Salon, Albuquerque, New Mexico
Squeaky Clean Car Wash, Santa Fe, New Mexico
St. Julien Hotel, Boulder, Colorado
Stanley Hotel, Estes Park, Colorado
Starbucks, Santa Fe, New Mexico
Stella Luna, Taos, New Mexico
Stephanie Huerta, Santa Fe, New Mexico
Steve Wong, Dream Analysis, Albuquerque, New Mexico
Steven Lemle, Artist, Santa Fe, New Mexico
Stone Age Climbing Gym, Albuquerque, New Mexico
Stone Forest Inc, Santa Fe, New Mexico
Stray Dog Cantina, Taos, New Mexico
Studio Nia Santa Fe, Santa Fe, New Mexico
Studio Thrive Fitness, Denver, Colorado
Sweet Action Ice Cream, Denver, Colorado
Sweet Medicine Enterprises, Santa Fe, New Mexico
Sweetwater Harvest Kitchen, Santa Fe, New Mexico
Syrup, Denver, Colorado
Taj Mahal Cuisine of India, Albuquerque, New Mexico
Taos Fly Shop, Taos, New Mexico
Taos Inn, Taos, New Mexico
Taos Mesa Brewing, El Prado, New Mexico
Taos Pilates Studio, El Prado, New Mexico
Taos Pueblo Tourism, Taos, New Mexico
Taos Ski Valley, Taos, New Mexico
Tattered Covers, Denver, Colorado
Teahouse, Santa Fe, New Mexico
Teca Tu, Santa Fe, New Mexico
Telluride Brewing Company, Telluride, Colorado
Telluride Mountainfilm, Telluride, Colorado
Telluride Ski and Golf Club, Telluride, Colorado
Telluride Sports, Telluride, Colorado
Ten Thousand Waves, Santa Fe, New Mexico
10th Mountain Division Huts, Aspen, Colorado
Terra Bella, Santa Fe, New Mexico
Terra Flora, Santa Fe, New Mexico
Tesuque Glassworks, Tesuque, New Mexico
Thai Café, Santa Fe, New Mexico
The Barber’s Shop, Albuquerque, New Mexico
The Bike Coop, Albuquerque, New Mexico
The Book Stop, Tucson, Arizona
The Golden Eye, Santa Fe, New Mexico
The Lotus, Madrid, New Mexico
The MacSpa, Denver, Colorado
The Medwick Foundation, Tucson, Arizona
The Mining Exchange Hotel, Colorado Springs, Colorado
The Oxygen Spa, Silver Springs, Maryland
The Screen, Santa Fe, New Mexico
The Shed, Santa Fe, New Mexico
The Spanish Table, Santa Fe, New Mexico
The View Restaurant At The Historic Crags Lodge, Estes Park, Colorado
Theobroma Chocolatier, Albuquerque, New Mexico
Thirty Mile Resort, Lakewood, Colorado
Three Dog Bakery, Albuquerque, New Mexico
Thru the Lens, Durango, Colorado
Tia Sophia, Santa Fe, New Mexico
Tierra Hermosa Pottery & Supply, Taos, New Mexico
Tohono Chul Park, Tucson, Arizona
Tom Bihn, Seattle, Washington
Tony Bonanno Photography, Santa Fe, New Mexico
Tom Brady, Astrologer, Santa Fe, New Mexico
Tomasita’s, Santa Fe, New Mexico
Touched by Flowers, Vero Beach, Florida
Trader Joe’s, Santa Fe and Albuquerque, New Mexico
Trading Post Cafe, Ranchos De Taos, New Mexico
Tranquility Floatation Massage & Healing Center, Santa Fe, New Mexico
Trattoria Stella, Denver, Colorado
Travel Bug, Santa Fe, New Mexico
Tucson Herb Store, Tucson, Arizona
Tucson Thrift Shop, Tucson, Arizona
Twisted Pine Brewing Co, Boulder, Colorado
Uncharted Outposts, Santa Fe, New Mexico
Veda Spa & Salon, Denver, Colorado
Video Library, Santa Fe, New Mexico
Vinaigrette, Santa Fe, New Mexico
Vine Street Pub & Brewery, Denver, Colorado
Visa-LANB, Santa Fe, New Mexico
Vital Yoga, Denver, Colorado
Wallaroo Hat Company, Boulder, Colorado
Walnut Room, Denver, Colorado
Walter Burke Catering, Santa Fe, New Mexico
Wash Park Grille, Denver, Colorado
Watercourse Foods, Denver, Colorado
Westin Riverfront Resort & Spa, Avon, Colorado
Whole Foods, Santa Fe, New Mexico
Whoo’s Donuts, Santa Fe, New Mexico
Wild Animal Sanctuary, Keenesburg, Colorado
Wild Birds Unlimited, Santa Fe, New Mexico
Wild Earth Llama Adventures, Taos, New Mexico
Wild Faces Wild Places Photography
Wileyware, Seattle, Washington
William Matthews Gallery, Denver, Colorado
Wines Off Wynkoop, Denver, Colorado
Wingswest Birding Tours, Santa Fe, New Mexico
Wise Fool New Mexico, Santa Fe, New Mexico
Wolf Den Bed and Breakfast, Twin Lakes, Colorado
WolfHorse Outfitters, Gila and Aldo Leopold Wilderness, New Mexico
Woodhouse Day Spa, Denver, Colorado
Yin Yang Chinese Restaurant, Santa Fe, New Mexico
Yoganow, Albuquerque, New Mexico
Z2 Entertainment, Boulder, Colorado
Zaplin-Lampert Gallery, Santa Fe, New Mexico
Zen Dog Boutique, Denver, Colorado
Zia Diner, Santa Fe, New Mexico
Zoe Boutique, Tucson, Arizona
Zoe & Guido’s, Santa Fe, New Mexico