Ozone: A problem for the O&G industry and residents

The Colorado Air Pollution Control Division (APCD) may be adding to emissions requirements for the oil and gas industry as early as August -- which according to the Greeley Tribune, makes Weld County industry representatives nervous. This has been, "the fifth time in the last eight years that the state has tightened emissions control standards on the industry." A recent study identified the chemical signature of Weld County's O&G operations and attributed 55% of the Front Range's ground-level ozone to the O&G industry -- a finding which has made it difficult to point to other pollution sources.

On the resident side, the Colorado Department of Public Health has sent out multiple action alerts over the past weeks for ozone levels in Fort Collins that ranked among the highest in the nation. According to the American Lung Association, ground-level ozone is a concern to residents because of health impacts primarily related to the cardiovascular and respiratory systems which can lead to premature death. According to their site:

Even low levels of ozone may be deadly. A large study of 48 U.S. cities looked at the association between ozone and all-cause mortality during the summer months.  Ozone concentrations by city in the summer months ranged from 16 percent to 80 percent lower than the U.S. Environmental Protection Agency (EPA) currently considers safe.  Researchers found that ozone at those lower levels was associated with deaths from cardiovascular disease, strokes, and respiratory causes.¹³

 Ozone levels have finally dropped in Fort Collins, aided by recent rain and winds, but it's a good idea to check ozone levels before engaging in outdoor activities. Even a single day of high ozone can obstruct the airways of healthy adults but children and those with known cardiovascular and/or pulmonary disease should be especially careful. Ozone levels can be found at www.enviroflash.info and clicking on the dot over Fort Collins.

One final note: The APCD is currently accepting public comments on O&G emissions regulations which may be emailed to Mark McMillan.

The dwindling power of “We the People”

Issues which appear to be “no-brainers” often contain a series of unintended consequences.  The Colorado Observer is now warning that voter oversight of taxes, which was extended to voters through the TABOR constitutional amendment, is now vulnerable, due to yesterday’s DOMA ruling.

"'[T]he court’s decision opens the door for state officials to ignore laws enacted via ballot initiative, since the voters who passed them now have no standing to defend the law in federal court,' ... As the 2014 election approaches in Colorado – and with it the possibility of re-election for Democratic Governor John Hickenlooper and the potential replacement of term-limited GOP Attorney General John Suthers with a Democrat – some conservatives are concerned that liberals may try to re-create a Prop. 8-style scenario – killing TABOR by simply refusing to defend it."

Some Coloradoans have questioned the wisdom of TABOR but voter control of taxes is not the only issue of concern. Back in January the Independence Institute, a non-profit, nonpartisan Colorado think tank, expressed similar concerns about consequences that include destabilizing voter initiatives while advancing special interests.

"If the plaintiffs win, the result will be legal and practical chaos, not just in Colorado but across the country. This is because the theory of the lawsuit is that any fiscal restraints on a state legislature render that legislature less than “fully effective” and therefore “unrepublican.” Special interests can employ this theory to destroy well-founded and long-standing safeguards against legislative fiscal abuse.  Furthermore, they can use the same theory to attack the voter initiative and referendum process, and other constitutional limits on the power of state politicians."

That the DOMA ruling may have repercussions is even further evidenced in the blistering, dissenting opinion offered by Justice Scalia. Scalia writes:

 "The Court is eager—hungry—to tell everyone its view of the legal question at the heart of this case. Standing in the way is an obstacle, a technicality of little interest to anyone but the people of We the People, who created it as a barrier against judges’ intrusion into their lives... It is an assertion of judicial supremacy over the people’s Representatives in Congress and the Executive. It envisions a Supreme Court standing (or rather enthroned) at the apex of government, empowered to decide all constitutional questions, always and everywhere 'primary' in its role."

This national issue may have local implications, so Fort Collins citizens should be aware. A primary goal of this page has always been to assert the power of “We the People.” Now, more than ever,  we must be vigilant to affirm our rights.

Cathy Fromme Prairie in the springtime

Fossil Creek Trail from within Cathy Fromme Prairie. (Click to enlarge.)

As the Fossil Creek Trail passes through Cathy Fromme Prairie in the summer it is hot, has grueling westward climbs and is often interrupted by sunning rattlesnakes. It's understandable why some choose to pass on this baking, desert prairie during summer months. However, springtime paints a far more pleasant picture in this open space.

In the spring you'll find Cathy Fromme has a cool trail which winds through green fields, bearing fantastic views of Horsetooth Rock. The westward climbs are not severe without our summer heat and those who endure to the end, will be rewarded for their efforts. Fossil Creek Trail now connects to the popular Spring Creek Trail and if you continue when you reach it,  you'll enjoy what must be one of the city's longest downhill grades.

While we wait for trails, connections and parks in much of the southeast, don't neglect to enjoy outdoor opportunities afforded throughout the city. There is much to enjoy, so take some time out and rejoice in our beautiful outdoors. And it might not hurt to remind city council and our new Councilmember, Gino Campana, that we're still waiting on trails of our own. ;)

Prescription Drug Take-Back Day: Why destroy when Wyoming reuses?

Let's find a better way to deal with unused meds.

Once a year, the Drug Enforcement Administration sponsors a Prescription Drug Take-Back Day where citizens are asked to bring unused medications for proper disposal. Every year, the City of Fort Collins participates.

Responding to a post, a Facebook fan messaged us about a Wyoming program which accepts unused medications and distributes them to patients who can't afford them. The program is called the Wyoming Medication Donation Program, which was created through the Wyoming Drug Donation Program Act in conjunction with the Wyoming Administrative Procedures Act.

It sounds like an excellent way to Reduce, Reuse and Keep Healthcare Costs Controlled! If you agree, consider suggesting the idea to our state legislators. Southeast Fort Collins residents can find contact info for legislators on our Facebook page. In the meantime, perhaps Fort Collins can coordinate with Cheyenne to see if Cheyenne can reuse the medications we collect for destruction.

Warning!
Keep in mind that medicines may be especially harmful, and in some cases fatal with just one dose, when they are taken by someone other than the person for whom the medicine was prescribed -- do not distribute prescription medications on your own, it's illegal! Additional information may be found on the FDA's website under Disposal of Unused Medicines: What You Should Know.

Were Prospect Energy's Fort Collins spills withheld from public?

Click to enlarge, from http://www.fractivist.blogspot.com.

Controversy over the Fort Collins fracking ban continues as evidence comes forward regarding two spills in the Hearthfire neighborhood in northeast Fort Collins. Copies of public records describing the spills may be found on the Fractivist blog.

The controversy begin at the March 19, city council meeting when thr council considered an operating agreement with the city's only oil and gas operator -- Prospect Energy, LLC/Black Diamond Minerals, LLC. As discussed in a previous post, there was considerable confusion regarding how Prospect Energy appeared to circumvent many of the restrictions publicly discussed when the city passed it's fracking ban.

Details regarding the spills call in to question what was considered to be the stellar reputation of Scott Hall, the company's CEO. It also adds to appearance that details were intentionally concealed from the public and potentially, city council.

Environmentalists and some residents are up in arms, asking concerned residents to sign a petition and make a call. Some are even calling for a public sit in at the Tuesday, April 22, Fort Collins City Council Work Session -- a session which is not open to public comment.

Improve Fort Collins with your ideas

The city has launched Fort Collins Idea Lab, an online community engagement website where residents can participate, communicate and collaborate with City staff and other community members on a variety of issues.

Diverse perspectives create better outcomes - and better outcomes mean a great community. Not everyone has the time to participate in a city council meeting or project neighborhood meeting; Idea Lab is a place where residents can still engage on issues of interest to them, but they can do it on their schedule. Residents can share their ideas for Fort Collins and support or expand the ideas of others. The insights provided will give city leaders and project managers a sense of what the community thinks about specific topics, decisions, and discussions. Check out Idea Lab at http://www.fcgov.com/idealab

Consumer advocacy options during the contractor season

Your contractor may not realize but taking a deposit from you, could land him or her in jail.

It's common knowledge that up-front money should be limited in any contractor agreement. The Colorado Attorney General even suggests you never make a payment until some work has been completed. But given the cost of materials, it's reasonable to expect to pay a deposit on larger jobs. If contractors use this money accordingly, it generally works out fine for all parties involved.

When the deposit is spent before the supplies are purchased

Most of us have at one time or another resorted to "creative financing" when it comes to paying bills. So it's easy to understand when contractors use advanced payments to pay for other business and personal expenses. But those who misapply advance payments are violating Colorado law. The Colorado Revised Statutes (CRS) clearly state how money paid to contractors in advance of work may be utilized. The CRS states:

"All funds disbursed to any contractor under any building, construction, or remodeling contract or on any construction project shall be held in trust for the payment of the subcontractors, laborer or material suppliers for which such disbursement was made. Any person who violates this provision commits theft." [Abbreviated, from section 38-22-127.]

In other words, your money must be held and used for the sole purpose of completing your project.