ECMC Data Integrity/Falsification Update from Director Murphy

At their regularly scheduled April 2, 2025 meeting, the ECMC Commissioners heard an update from Director Julie Murphy about the data integrity/falsification regarding spill sample laboratory analyses by Eagle Environmental Consulting and Tasman, Inc.

In Summary

  • “[T]he data presents no new or increased risk to public welfare, safety, or the environment; however, it does mean in some instances that the duration that a spill has impacted the environment may have been extended.”
  • “Of the 344 sites, we are prioritizing our remediation work and investigation on the 35-40 closed locations within municipalities.”
  • “Since December, staff has verified an additional nine sites from Oxy and Chevron, and we have also received self-reported data from Civitas on their impacted sites based on their self-review. This adds roughly 46 sites that are operated by Civitas. … Forty-four are in unincorporated Weld County, one is in the town of Frederick, and one is in the town of Firestone.”

An updated map and data set will be made available soon; we’ll update this post and the ECMC Data Falsification Map with the 46 new sites any additional information.

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Draco OGDP Chair Robbins Testimony and Final Deliberations

Below is a transcript of Chair Robbins’ testimony during the March 26, 2025 deliberations on the Draco Oil & Gas Development Plan (OGDP). Please excuse any transcription errors.

Chair Robbins: Thanks to all my fellow Commissioners for the deliberative thoughts. I think if anything this should demonstrate once again to the 139 people listening in that we really work hard to make the appropriate determination for the state of Colorado with regard to these sorts of things. I too am in favor of the application for the reasons as articulated by my fellow Commissioners. I believe it addresses the avoid, minimize, and mitigate hierarchy. I appreciate the best management practices and I too want to echo Commissioner Akerman’s points that I think this process has demonstrated to us and to the communities we serve the opportunity to ensure that even relevant approximate local governments can have an ability to be at the table and I think that’s what we’ve done here.

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Draco OGDP Commissioner Oeth Testimony

Below is a transcript of Commissioner Oeth’s testimony during the March 26, 2025 deliberations on the Draco Oil & Gas Development Plan (OGDP). Please excuse any transcription errors.

Commissioner Oeth: This is a really tough one, and I really appreciate my fellow Commissioners Cross and Messner starting us out and really doing a very thorough job of laying out so many of the complicated factors and considerations on all sides of this. This really does highlight the really challenging nature of this application—both the things that are really positive about it and those that are potentially concerning about it, and all those things that we have to take into consideration. So thank you for that.

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Draco OGDP Commissioner Ackerman Testimony

Below is a transcript of Commissioner Ackerman’s testimony during the March 26, 2025 deliberations on the Draco Oil & Gas Development Plan (OGDP). Please excuse any transcription errors.

Commissioner Ackerman: I appreciate my fellow Commissioners and their thoughts. I appreciate all the significant efforts on all sides, as has been expressed by others on this application. I particularly appreciate the thoughtful consideration of local jurisdictions, the staff, the director, and my fellow Commissioners.

I’ll be relatively brief as well. This application is a good illustration of why our deliberative process is so important to addressing ECMC’s mission, which is really simple to understand but complex to execute: protecting public health, safety, welfare, the environment, and wildlife resources. That’s the purpose of the Act, and the method of executing that is generally promulgating and enforcing rules pursuant to that mission.

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Draco OGDP Commissioner Cross Testimony

Below is a transcript of Commissioner Cross’ testimony during the March 26, 2025 deliberations on the Draco Oil & Gas Development Plan (OGDP). Please excuse any transcription errors.

Commissioner Cross: I think initially I’ll start off saying I’m in favor of this application. I think there’s a lot of good things about it. I’ll start with the benefits of the location as applied for. I think when you look at the alternatives that were provided, this is definitely the best alternative. I’ll go into a little bit more detail on alternative 4 and 4.1 as it’s being called later, but just to talk about the overall benefits of this location.

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Draco OGDP Commissioner Messner Testimony

Below is a transcript of Commissioner Messner’s testimony during the March 26, 2025 deliberations on the Draco Oil & Gas Development Plan (OGDP). Please excuse any transcription errors.

Commissioner Messner: Thanks, Mr. Chair. I’m going to have a little different perspective, I think. You know, we’ve been doing this a while now, and there’s a point—and we’ve been seeing it—where oil and gas development and subdivisions are colliding with one another. I think this is a really good example of where that’s happening, and I think we’re starting to see it more often. It’s certainly a challenging situation for all sides. You know, I think you can argue chicken or the egg on these, but the fact is that significantly sized new development, both on the housing side and the oil and gas side, are colliding with one another right now. The areas around the town of Erie is one of those places.

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ECMC Approves Draco OGDP

Erie resident Christiaan van Woudenberg stands near the site of the Draco Pad project on Aug. 9 in unincorporated Weld County. Photo by Cliff Grassmick/Daily Camera Staff Photographer
Erie resident Christiaan van Woudenberg stands near the site of the Draco Pad project on Aug. 9 in unincorporated Weld County. Photo by Cliff Grassmick/Daily Camera Staff Photographer

During a regularly scheduled meeting on Wednesday, March 26, 2025, the Colorado Energy and Carbon Management Commission (ECMC) approved the Draco OGDP in a 4 to 1 vote, with Commissioner Messner the only no vote. Extraction had previously been directed to investigate Alternative Site 4 at the conclusion of a November 15, 2024 meeting; they deemed AL4 and an additional AL4.1 site unsuitable and proposed moving forward with the original Draco pad location.

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Draco Prehearing Statement Analysis

The Draco Oil & Gas Development Plan (OGDP) hearing has been rescheduled for March 13th, 2025. Extraction Oil & Gas submitted an updated 127 page prehearing statement, which we’ve analyzed below.

TL;DR (Too Long, Didn’t Read)

“Extraction believes that AL 4 and AL 4.1 are objectively infeasible alternatives to the Draco Pad,” citing 200+ homes within 2,000 ft, difficulties with rezoning to heavy industrial, an inability to procure an oil & gas permit from the Town of Erie, and uncertainty in negotiating with the Town Council. They propose moving forward with the original Draco Pad location just north of the Crestone Hub northwest of CR6 and CR7 just outside of Erie, Colorado.

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ECMC Data Integrity Update Transcript

The following is a transcript of the virtual meeting held by the ECMC Commissioners on Friday, December 13 to address the falsified laboratory data reports made to the ECMC. Where appropriate, we have edited the transcript for clarity and brevity, and added emphasis to improve readability.

Julie Murphy: Thank you, Chair. Thank you, Commissioners, and thanks to folks who are tuning in early this morning.

My name is Julie Murphy, and I’m the director of the Energy and Carbon Management Commission. I am, of course, disappointed by the circumstances that lead to today’s hearing, yet I’m grateful for the opportunity to share more information that members of the public, that each of you, that the press, and our local government partners have been curious about.

The purpose of the hearing is for me to provide an update about our ongoing investigation. I would remind us all this is an active ongoing investigation, and we are balancing transparency and accountability in our enforcement process.

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