The Weld County Board of Commissioners and a company hoping to establish a biochar facility in rural Weld County face two lawsuits that seek to shut down the development.
The lawsuits take different approaches, but generally seek the same outcome: a court decision that rolls back the decision of the commissioners to grant a special use permit for the biochar facility.
On Nov. 5, the commissioners approved a use by special review application on a 3-2 vote that would permit NGL Water Solutions DJ LLC, Biochar Now LLC, and Blackfoot Properties LLC to build a production facility on 33.3 acres of land in an agricultural zone near Fort Lupton.
A biochar facility is a system that converts biomass waste into a charcoal-like material. The process uses high heat in a low- or no-oxygen environment. The final product can be used as a soil amendment or for trapping carbon.
Neighbors objected to the proposal and spoke out against it during hearings before the county Planning Commission and the Board of Commissioners. When the county approved the application, the neighbors sued.
Tony Hale’s farm and ranch in rural Fort Lupton adjoins the biochar property on its east side. His lawsuit is against the county and the three companies that applied for the permit.
Jeri Yarborough, Rachel Brown, Regina Michel and David Sack filed their lawsuit against the county and NGL, but didn’t name the other companies as parties.
The lawsuits claim that the county’s decision violates Weld County’s Right to Farm law. “In the list of agricultural uses, operating a charcoal burning facility is not a protected activity under Right to Farm,” the lawsuit said.
The lawsuit said that the kilns required to burn the biomass material require air quality permits, and Biochar Now’s other facility near Berthoud has violated Colorado Department of Public Health and Environment permits.
The plaintiffs raised concerns about their farming operations, including horses boarded or pastured on neighboring properties.
The lawsuit said the applicants admitted to the commissioners that they would be unable to meet maximum nighttime noise standards of 50 decibels.
The lawsuits ask the court to find that the commissioners violated the county’s Right to Farm law and ask that the companies be barred from further development until the dispute is resolved.
Attorney Bob Choate of the law firm Coan, Payton and Payne LLC, who represented the companies during the application process, did not respond to a request for comment prior to publication time.
The cases are:
Tony Hale v. The Weld County Board of County Commissioners, NGL Water Solutions DJ LLC, Biochar Now LLC, and Blackfoot Properties LLC, case number 2025cv31221 filed Dec. 4 in Weld County District Court.
Jeri Yarborough, Rachel Brown, Regina Michel and David Sack v. Weld County Board of County Commissioners and NGL Water Solutions DJ LLC, case number 2025cv31217 filed Dec. 3 in Weld County District Court.
This article was first published by BizWest, an independent news organization, and is published under a license agreement. © 2025 BizWest Media LLC.
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