Table of contents
- Latest Niobrara Formation Lawsuit Updates
- June 11, 2025: USGS Releases Niobrara Assessment
- November 29, 2023: Colorado Approves a Larimer County Plan
- June 28, 2021: Scenic River Boundary Amended
- January 7, 2019: Supreme Court Denies Review
- October 15, 2018: Simmons Petitions the Supreme Court
- April 30, 2018: Eighth Circuit Affirms
- January 29, 2018: Commission Hears Order 535-915
- March 20, 2017: Commission Hears Order 535-775
- September 12, 2016: Nebraska Court Rules on Simmons Claims
- What Is the Niobrara Formation?
- Who May Be Affected?
- Reported Injuries or Damages
- Evidence to Preserve
- Filing Deadlines
- Frequently Asked Questions
- What Was the Simmons Scenic River Case About?
- Has Anyone Won Money in a Niobrara Formation Lawsuit?
- Who Regulates Niobrara Drilling in Colorado?
- What Is the Niobrara National Scenic River?
The Supreme Court denied review on January 7, 2019, in Simmons v. Smith, the only court case related to the Niobrara oil and gas formation in the Rocky Mountain states. No lawsuit, class action or MDL names the formation.
Simmons was a scenic river boundary dispute with the National Park Service over land along the Niobrara River in Cherry County, Nebraska. No complaint or regulator finding ties an injury to Niobrara drilling.
The Colorado commission sets well spacing and approves development plans for Niobrara wells in Weld and Larimer counties. People living near those wells in Colorado may be affected by the drilling there.
Latest Niobrara Formation Lawsuit Updates
June 11, 2025: USGS Releases Niobrara Assessment
The U.S. Geological Survey estimated 703 million barrels of oil and 5.8 trillion cubic feet of gas in the Niobrara Formation in southwest Wyoming and northwest Colorado [1].
The assessment covers technically recoverable resources that are still undiscovered. The USGS said the oil equals about one month of U.S. needs and the gas about two months of U.S. use.
November 29, 2023: Colorado Approves a Larimer County Plan
The Colorado Energy and Carbon Management Commission heard and approved Order 407-3545 on November 29, 2023. It is an Oil and Gas Development Plan from MRG, LP [2].
The plan covers about 1,685 acres in Larimer County. It allows 15 new horizontal wells on one multi-well pad. Loveland and Larimer County had filed petitions on the plan and later withdrew them.
June 28, 2021: Scenic River Boundary Amended
The National Park Service removed 12.45 acres of unimproved non-federal land from the Niobrara National Scenic River boundary. It announced the change in a Federal Register notice [3].
The land lies in Cherry County, Nebraska. The change followed the court judgment in Simmons and took effect June 28, 2021.
January 7, 2019: Supreme Court Denies Review
The U.S. Supreme Court denied the petition for certiorari in No. 18-512, Lee Simmons v. Paul Daniel Smith, who was named as acting director of the National Park Service [4].
The denial left the Eighth Circuit ruling in place. That ruling had affirmed the Nebraska district court’s grant of summary judgment to the National Park Service.
October 15, 2018: Simmons Petitions the Supreme Court
Lee Simmons filed a petition for a writ of certiorari at the Supreme Court, No. 18-512. The petition asked the Court to review the Eighth Circuit decision, which had ruled against him on April 30, 2018.
April 30, 2018: Eighth Circuit Affirms
The Eighth Circuit affirmed the district court in Simmons v. Smith, No. 16-3899, the appeal from the Nebraska ruling in the Simmons boundary case [5].
The court held that the boundary changes Simmons challenged were not arbitrary or capricious. It also found the agency had not acted in bad faith or treated Simmons differently from others.
January 29, 2018: Commission Hears Order 535-915
The commission heard Order 535-915 in Weld County, Colorado, on January 29, 2018. The application came from Bison Oil & Gas II, LLC [6].
The company asked to add the Fort Hays, Codell and Carlile Formations to a 640-acre Niobrara spacing unit in Weld County. It also asked to allow up to 20 horizontal wells.
March 20, 2017: Commission Hears Order 535-775
The commission heard Order 535-775 in Weld County, Colorado, on March 20, 2017. The application came from Noble Energy, Inc. [7].
Noble asked to maintain the 640-acre Kummer Exploratory State Unit. It also asked to set a new 640-acre spacing unit for the Niobrara in Weld County.
September 12, 2016: Nebraska Court Rules on Simmons Claims
In Simmons v. Jarvis, 8:13CV98, the U.S. District Court for the District of Nebraska ruled on cross motions for summary judgment [8].
The court granted Simmons judgment only on a January 10, 2003 boundary change. It dismissed his other claims with prejudice.
What Is the Niobrara Formation?
According to Wikipedia, the Niobrara Formation is also called the Niobrara Chalk. It is a rock layer in North America. It formed between 87 and 82 million years ago, in the Late Cretaceous [9].
In some regions, the Niobrara is a commercial hydrocarbon reservoir, according to the same Wikipedia article. Colorado orders cover Niobrara wells in Weld and Larimer counties.
Who May Be Affected?
Landowners and residents who live next to Niobrara Formation wells may be affected, such as in Weld and Larimer counties, Colorado. Commission orders name the operator, the unit and the formations covered.
A claim depends on your own facts and needs an individual legal review before anyone can say whether you qualify.
Reported Injuries or Damages
No complaint, regulator finding or medical study links an injury to Niobrara drilling. The USGS assessment measures oil and gas resources, not health effects.
Colorado law requires the commission to protect against adverse impacts on public health, safety, the environment, air, water, soil and wildlife.
Evidence to Preserve
If drilling harmed you or your property, keep records like these:
- Property deeds, surveys and boundary maps
- Dated photos and video of wells, pads, flaring, spills or damage
- Water test results from before and after drilling began
- Well names, API numbers and the operator on Colorado commission records
- Lease and royalty paperwork
- Medical records and doctor notes
- Dated notes of odors, noise, truck traffic and complaints
- Letters and emails with the operator or the commission
Filing Deadlines
Filing deadlines come from state law and differ by state. They depend on where you live and when the exposure, damage or injury happened and was discovered.
One missed deadline can end a claim, and strong facts do not change that. If you think drilling hurt you or your land, ask a lawyer promptly. The sooner you ask, the more options you may keep.
Frequently Asked Questions
What Was the Simmons Scenic River Case About?
The Simmons scenic river case was brought by landowner Lee Simmons, who challenged how the National Park Service drew the Niobrara scenic river line in federal court in Nebraska, using the Administrative Procedure Act.
Has Anyone Won Money in a Niobrara Formation Lawsuit?
Nobody has won money in a Niobrara Formation lawsuit, because no verdict or settlement has been reported over the formation. In the related Simmons case, Judge Richard G. Kopf granted the landowner judgment on one boundary change only, with no damages.
Who Regulates Niobrara Drilling in Colorado?
The Colorado commission that heard the orders on this page regulates Niobrara drilling. It was called the Oil and Gas Conservation Commission in 2017 and 2018. Order 535-915 amended the earlier Order 535-92.
What Is the Niobrara National Scenic River?
The Niobrara National Scenic River is part of the Niobrara River that Congress placed in the national wild and scenic river system. It did so in 1991 through the Niobrara Scenic River Designation Act, Pub. L. No. 102-50.