Colorado § 34-60-111 - Judicial review.

§ 34-60-111. Judicial review.

(1) Except as provided in subsection (2) of this section, any rule, regulation, or final order of the commission is subject to judicial review in accordance with section 24-4-106. The commission is not required to post bond in any proceeding for judicial review.

(2) Notwithstanding section 24-4-106 (5), a court of competent jurisdiction may postpone the effective date of a commission order suspending or revoking an operator's license to conduct oil and gas operations or a certificate of clearance and subject to review as a final agency action pursuant to section 24-4-106 only upon a demonstration by the moving party that:

(a) The moving party has a reasonable probability of success on the merits in the underlying judicial proceeding;

(b) Real, immediate, and irreparable injury to the moving party would otherwise result;

(c) Postponing the effective date of the commission order will not disserve the public interest; and

(d) In consideration of the balance of equities, including consideration of potential adverse impacts on public health, safety, and welfare and the protection of the environment and wildlife resources, the balance favors the postponement.

Source: L. 51: p. 659, § 10. CSA: C. 118, § 68(10). CRS 53: § 100-6-11. L. 55: p. 654, § 7. C.R.S. 1963: § 100-6-11. L. 81: Entire section R&RE, p. 1689, § 1, effective May 21. L. 2024: Entire section amended, (SB 24-229), ch. 183, p. 995, § 11, effective May 16.

Cross references: For the legislative declaration in SB 24-229, see section 1 of chapter 183, Session Laws of Colorado 2024.

ANNOTATION

This section, in conjunction with § 24-4-106, allows challenges to the issuance of a permit by persons other than the permit applicant, owners of surface rights, and a local government. Although citizens' and community groups are not entitled to be heard in connection with the permit application, they may be "persons or parties adversely affected or aggrieved" by issuance of the permit within the meaning of the State Administrative Procedure Act and therefore entitled to judicial review of the commission's decision. Weld Air & Water v. Colo. Oil & Gas, 2019 COA 86, 457 P.3d 727.

Time for filing appeal runs from date order mailed pursuant to § 24-4-106 (16) rather than from date order entered into records of commission pursuant to § 34-60-108 (6). Richmond Petroleum v. Oil & Gas Conservation Comm'n, 907 P.2d 732 (Colo. App. 1995).