Colorado Revised Statutes

Colo. Rev. Stat. § 34-60-111 (2026)

Judicial review

✓ current as of July 2026

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(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;

(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.

Editor's note: Section 16(2) of chapter 183 (SB 24-229), Session Laws of Colorado 2024, provides that the act changing this section applies to enforcement actions commenced by the division of administration in the department of public health and environment and the energy and carbon management commission on or after May 16, 2024.

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

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1995–2026 · leading case: Weld Air & Water v. Colorado Oil & Gas Conservation Comm'n, 2019 COA 86 (Colo. Ct. App. 2019).

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Weld Air & Water v. Colorado Oil & Gas Conservation Comm'n, 2019 COA 86 (Colo. Ct. App. 2019). · cites it 19× “” § 34-60-111, C.R.S. 2018 (citing § 24-4-106).”

Grant Bros. Ranch, LLC v. Antero Resources Piceance Corp, 2016 COA 178 (Colo. Ct. App. 2016). · cites it 3× “See § 34-60-111, C.R.S. 2016 (providing that any final order of the “[Cjommission shall be subject to judicial review”); see also Dep’t of Nat.”

Bd. of Cnty. Commissioners v. Colorado Oil & Gas Conservation Comm'n, 81 P.3d 1119 (Colo. Ct. App. 2003). · cites it 3× “2002 (for purpose of judicial review of rule-making, "aggrieved" means being exposed to potential injury to governmental interests); § 34-60-111, C.R.S.2002 (regulation promulgated by COGCC is subject to judicial review under APA); Douglas County Bd.”

Richmond Petroleum, Inc. v. Oil & Gas Conservation Comm'n, 907 P.2d 732 (Colo. Ct. App. 1995). · cites it 13× “Section 34-60-111, C.R.S. (1995 Repl.Vol.”

Burlington Resources Oil & Gas Co. v. Colorado Oil & Gas Conservation Comm'n Dep't of Nat. Resources, 986 F. Supp. 1351 (D. Colo. 1997). · cites it 2× “Burlington argues Colo.Rev.Stat. § 34-60-111 (1995), governing judicial review of decisions by the COGCC and Colo.”

Kauffman v. Oil & Gas (Colo. Ct. App. 2026). · cites it 2× “” Chase, ¶ 20 (citing § 34-60-111, C.R.S. 2025). A “reviewing court may overturn an administrative agency’s determination only if the court finds the agency acted in an arbitrary and capricious manner, made a determination that is unsupported by the record, erroneously…”

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