Colorado Court of Appeals upholds dismissal of neighborhood forced pooling challenge
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Coloradoans fight to revive battle over forced pooling of minerals
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State court is the place to resolve a Colorado community’s fight over forced pooling of oil and gas rights.
A storage tank stands near a well pad located in a field near a housing development in Broomfield, Colo., on Feb. 28, 2019. (AP Photo/David Zalubowski)
(CN) Federal court is not the place to resolve a Colorado community’s challenge to the state’s forced pooling rule for gas and oil extracted under homeowners’ feet, a 10
th Circuit panel ruled Monday.
“Timely and adequate state court review of the Commission’s decision was available to Wildgrass under Colorado’s Administrative Procedure Act,” U.S. Circuit Judge Carlos Lucero wrote in a 7-page opinion published Monday. “Though Wildgrass brought a federal claim, state courts are fully equipped to review the constitutionality of a state agency’s procedures.”