Regulatory capture is when an agency, which is charged with protecting the interests of the citizens, becomes so close to the industry they are charged with regulating that they do the bidding of the industry instead of regulating it. That’s what the fight was all about in 2007 when the Colorado Oil and Gas Conservation Commission (COGCC) was revamped to include environmentalists. Now Ray Scott and Steve King have introduced a bill to allow industry to take back the commission.
Every state entity has a mission statement. The mission statement of the COGCC is to promote responsible oil and gas development in the state. Responsibility includes “the prevention and mitigation of adverse environmental impacts.” If we learned nothing else from the BP spill in the Gulf of Mexico it is that the industry will not protect the environment unless there are regulations forcing them to do so. Much of the BP spill was the result of regulatory capture by industry to the extent that they were writing their own inspection reports, with little or no review by the federal agency charged with oversight.
House Bill 11–1223 was introduced into the House by Ray Scott on February 9. Co‐sponsors in the House are Representatives Balmer, Baumgardner, Brown, Conti, Kerr J., and Ramirez. It is still in committee, with a hearing scheduled. The lone Senate sponsor is Steve King. HB 11–1223 reduces the size of the commission from nine to seven members; removes the executive director of the department of natural resources and the executive director of public health and environment; removes the requirement that one member should represent local government; requires that five members have substantial experience in the oil and gas industry; requires that any rancher serving on the commission be a royalty owner. My personal favorite language in the bill is “The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.” Right.
According to the Sentinel’s Charles Ashby, Senate President Brandon Shaffer is not interested in revisiting the makeup of the commission, and would rather focus on creating jobs for Coloradans. So, this bill could die in committee in the House and/or never come to a vote in the Senate. We should do more than hope for its demise. We should be expressing our concerns to our Representatives, our Senator, and the leaders of the relevant committees in Denver.
Homework
Text of Bill Sponsored by Scott & King
Definition of Regulatory Capture
COGCC Mission
Charles Ashby's Story in the Sentinel About the Bill
Every state entity has a mission statement. The mission statement of the COGCC is to promote responsible oil and gas development in the state. Responsibility includes “the prevention and mitigation of adverse environmental impacts.” If we learned nothing else from the BP spill in the Gulf of Mexico it is that the industry will not protect the environment unless there are regulations forcing them to do so. Much of the BP spill was the result of regulatory capture by industry to the extent that they were writing their own inspection reports, with little or no review by the federal agency charged with oversight.
House Bill 11–1223 was introduced into the House by Ray Scott on February 9. Co‐sponsors in the House are Representatives Balmer, Baumgardner, Brown, Conti, Kerr J., and Ramirez. It is still in committee, with a hearing scheduled. The lone Senate sponsor is Steve King. HB 11–1223 reduces the size of the commission from nine to seven members; removes the executive director of the department of natural resources and the executive director of public health and environment; removes the requirement that one member should represent local government; requires that five members have substantial experience in the oil and gas industry; requires that any rancher serving on the commission be a royalty owner. My personal favorite language in the bill is “The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.” Right.
According to the Sentinel’s Charles Ashby, Senate President Brandon Shaffer is not interested in revisiting the makeup of the commission, and would rather focus on creating jobs for Coloradans. So, this bill could die in committee in the House and/or never come to a vote in the Senate. We should do more than hope for its demise. We should be expressing our concerns to our Representatives, our Senator, and the leaders of the relevant committees in Denver.
Homework
Text of Bill Sponsored by Scott & King
Definition of Regulatory Capture
COGCC Mission
Charles Ashby's Story in the Sentinel About the Bill
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