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Strange Bedfellows - Bicycles and Hydraulic Fracturing

February 7, 2013

What do bikes and hydraulic fracturing have in common? Prior to this week, the answer was probably very little. On February 4, 2013, however, the Colorado Supreme Court unanimously issued an opinion striking down the City of Black Hawk’s ban prohibiting bicycle traffic on certain local streets. The Court found that even though Colorado law and Black Hawk’s home rule status granted the City some authority to regulate bicycle traffic, that authority is not without limits. The decision in Webb v. Black Hawk poses important implications for the ongoing efforts by certain Colorado municipalities to ban hydraulic fracturing, and it provides the oil and gas industry with new authority for contesting such efforts.