Denver (AP) An attorney says energy companies might file suit if new rules for the oil and gas industry allow regulators to deny a drilling permit based on wildlife concerns raised by surface property owners.

Howard Boigon, who's also a board member of the Colorado Oil and Gas Association, says that type of rule would violate laws that give owners of mineral rights preference over owners of surface rights.

The Colorado Oil and Gas Commission is rewriting industry rules at the direction of the legislature to give more weight to environmental, health and property concerns.

Boigon made his comments to the commission on Monday.

David Neslin, acting director of the commission, disagreed with Boigon, saying the rules wouldn't be balanced if the energy industry wins every dispute.