On Monday, March 30, 2020, the City and County of Broomfield will file a response to the TRO and the court will set the matter for hearing.
On March 25, 2020, the Broomfield Board of Health instructed its legal staff to draft a public health order to suspend Extraction’s operations at the Livingston Pad during the flow-back period while the Governor’s COVID-19 emergency stay at home order is in place. The Board was scheduled to consider the draft public health order at its March 31, 2020 meeting.
On March 27, 2020, Extraction requested and was issued a Temporary Restraining Order (TRO) from 17th Judicial District Judge Robert W. Kiesnowski Jr.
The restraining order prohibits the City and County of Broomfield from “issuing any order directing Extraction to halt or suspend operations due to COVID-19 or other health-related concerns as developed at the Broomfield Board of Health, March 25, 2020, special meeting. Should Broomfield issue any such order not based on valid health concerns, the Court declares it to be void and of no force or effect during the period of this TRO.” The TRO is valid for 14 days.
If the Board had issued its order on March 25, a TRO would have prevented the order from being enforced.
On Monday, March 30, 2020, the City and County of Broomfield will file a response to the TRO and the court will set the matter for hearing.
--- Media Contact Pat Gilbert, Deputy City and County Attorney 303.464.5806 ---