The Energy and Carbon Management Commission on Oct. 22 vacated a stay and approved the Washington oil and gas development plan (OGDP) proposed by Extraction Oil and Gas after Colorado Parks and Wildlife and the U.S. Fish and Wildlife Service confirmed that a nearby bald eagle nest had collapsed.

The Washington OGDP was the subject of a previous hearing on Oct. 23, 2024, when commissioners stayed further consideration because a raptor nest had been discovered near the proposed site. The stay followed consultation and evidence that the nest triggered a no‑surface‑occupancy buffer under the commission’s rules. Extraction sought a variance under Rule 502; the variance was denied and appealed. That appeal has been dismissed and is no longer pending in district court, staff told the commission.

At the Oct. 22 hearing extraction submitted supplemental materials (updated equipment layouts, a process flow diagram and updated emissions worksheets) that were filed the day before the meeting. Laurel Faber, lead location assessment specialist, told the commission the new data do not change the director’s recommendation, which remains a recommendation of approval.

Extraction’s counsel summarized the procedural history and described recent site changes. "In September 2025, the tree branch supporting the nest broke off the tree, causing the nest to fall and collapse," testified Lila Hooning, a natural resource specialist for the applicant. CPW and U.S. Fish and Wildlife Service subsequently notified ECMC staff that the nest materials were destroyed and the nest would be removed from the high‑priority habitat dataset, the applicant said.

Commissioners considered the record, including CPW’s communications that there is no longer an objection from the agency in relation to the eagle nest. The commission first voted to vacate the prior stay and then voted to approve the Washington OGDP, applying the director’s original Dec. 1, 2023 findings and recommendation to the current record.

Extraction’s presentation noted the Washington development is sited near I‑25 and E‑470 and would include 10 horizontal wells across two drilling and spacing units. Extraction said the project allows plugging of legacy wells, reclamation of tank batteries and other legacy infrastructure and supports other local development approved by the City of Thornton. Company witnesses described multiple best management practices they will use to reduce noise, fugitive emissions and traffic, including sound walls, electric power for rigs and facilities, tank vapor control and leak detection systems.

Legal and procedural steps discussed on the record included the earlier variance denial, subsequent district court litigation and dismissal of that appeal. Commissioners discussed the interplay between the HPH rules and the change in circumstances represented by the nest collapse. Several commissioners said the OGDP would have been approvable "but for" the former presence of the nest.

Formal actions recorded on the Washington OGDP included:
- Motion to vacate stay: moved by Chair Robbins and seconded by Commissioner Ackerman; motion passed with all commissioners present voting aye.
- Motion to approve the Washington OGDP (applicant: Extraction Oil and Gas): moved by Commissioner Ackerman and seconded by Chair Robbins; motion passed with all commissioners present voting aye.

The commission thanked applicant representatives, CPW staff and agency counsel for their work on the record and noted the director’s December 2023 recommendation applies now that the nest no longer qualifies as an active resource under the Bald and Golden Eagle Protection Act. Extraction and staff will update the application record with the Oct. 21 supplemental equipment materials as part of post‑hearing processing.