The Erie Town Council voted 4–3 on Tuesday, Dec. 16, 2025, to approve a settlement agreement allowing the Redtail Ranch development to move forward, ending litigation between the Town and the developer and granting approval of a modified preliminary plat.
The vote followed hours of public comment and council debate focused on environmental risk, oil and gas activity, long-term accountability, and whether the project meets Erie’s standard for protecting public health and safety. Councilmembers Dan Hoback, Baer, and Pasermelli voted against the agreement, while Mayor Moore and councilmembers Bell, Mortatello, and Brian voted in favor.
At the center of the settlement is an agreement to plug and abandon six oil and gas wells, a condition that allows reduced setbacks and additional residential density. The remaining active wells on and near the site are not subject to remediation requirements under the settlement.
The approved plans locate a restricted environmental area at the northern edge of the development, with homes built beside it and a pedestrian path running alongside it. That area will be separated from residents by a split-rail fence and “Keep Out” signage, rather than further remediation.
Active oil and gas operations remain adjacent to the project, with 23 active wells, 11 of which are classified as low-producing. Within the boundaries of the plat, there are 12 active wells, including 7 low-producing wells.
In Colorado, nearly 1,000 oil and gas wells are currently classified as orphaned, meaning they no longer have a solvent operator responsible for plugging and remediation, according to the state’s Orphaned Well Program.
During the hearing, the developer’s attorneys repeatedly described the site as “clean” and stated that the six oil and gas wells would be “removed.” Under the agreement, those wells will be plugged and abandoned — a standard oil and gas closure process that seals wellbores but does not eliminate subsurface infrastructure or address remaining active wells.
Supporters of the settlement emphasized land rights, regulatory compliance, and the Town’s legal exposure if the lawsuit proceeded.
In his closing remarks before the vote, Mayor Pro-Tem Brandon Bell emphasized property rights, the Town’s exposure under the pending lawsuit, and the project’s compliance with state and local regulations as justification for approving the settlement. Bell also disputed claims that the development was being built “in the middle of a toxic waste site,” arguing that such characterizations were inaccurate and that the project met applicable requirements.
Project exhibits show a restricted environmental area located within the development footprint, with homes built beside it, while active oil and gas wells remain within and adjacent to the project area.
Opponents countered that meeting minimum regulatory standards does not resolve cumulative risk, particularly given the site’s history of contamination, proximity to landfills, ongoing oil and gas activity, and the lack of binding requirements for additional remediation. Councilmember Dan Hoback emphasized that Erie’s Unified Development Code intentionally leaves “health and safety” undefined, placing responsibility on the Town Council — not staff or state agencies — to make that determination.
While Mayor Moore noted that additional technical review will occur during the final plat process, approval of the settlement and preliminary plat establishes the project’s entitlement framework and limits the Town’s ability to impose new substantive conditions without reopening litigation.
Further reviews and approvals will be required before construction begins.
View Yellow Scene’s previous coverage of Redtail Ranch.
Drums full of contaminated soil from the north end of the Redtail Ranch property await transport and disposal to a Nebraska incineration facility, December 2017. Photo courtesy of Erie Protectors.
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