COLORADO COURT OF APPEALS

2 East 14th Avenue

Denver, Colorado 80203
Appeal from Boulder County District Court
The Honorable D.D. Mallard
Case No. 2013CV63
Plaintiff-Appellee: Colorado Oil and Gas Association,
v.
Defendant-Appellant: City of Longmont, Colorado,
and
Intervenors-Appellants: Our Health Our Future Our
Longmont; Food and Water Watch; Earthworks; and
Sierra Club,
and
Intervenor-Appellee: TOP Operating Company,
and
Appellee: Colorado Oil and Gas Conservation
Commission.

COURT USE ONLY

Steven J. Lechner (#19853)

Jaimie Cavanaugh (# 44639)
MOUNTAIN STATES LEGAL FOUNDATION
2596 South Lewis Way
Lakewood, Colorado 80227
(303) 292-2021
(303) 292-1980 (facsimile)
lechner@mountainstateslegal.com
jcavanaugh@mountainstateslegal.com

Court of Appeals Case

No.: 2014CA1759

MOUNTAIN STATES LEGAL FOUNDATIONS MOTION FOR LEAVE

TO FILE AN AMICUS CURIAE BRIEF IN SUPPORT OF APPELLEES

COMES NOW, Mountain States Legal Foundation (MSLF), by and

through its undersigned attorneys, and hereby moves for leave to file an amicus
curiae brief in support of Appellees urging affirmance. The grounds for this
Motion are as follows:
1.

MSLF is a nonprofit, public-interest legal foundation organized under

the laws of the State of Colorado. MSLF is dedicated to bringing before the courts
those issues vital to the defense and preservation of individual liberty, the free
enterprise system, and limited and ethical government. Since its creation in 1977,
MSLF and its attorneys have actively participated in litigation to protect property,
including the right to develop mineral estates. See e.g., Marvin M. Brandt
Revocable Trust v. United States, 134 S. Ct. 1257 (2014); Minard Run Oil Co. v.
U.S. Forest Serv., 670 F.3d 236 (3d Cir. 2011), as amended (Mar. 7, 2012); Miller
Bros. v. Dept of Natural Res., 513 N.W.2d 217 (Mich. App. 1994); Bd. of Cnty.
Commrs, La Plata Cnty. v. Bowen/Edwards Associates, Inc., 830 P.2d 1045 (Colo.
1992) (en banc). MSLF attorneys are also representing mineral owners in their
challenges to restrictions placed on their ability to develop their oil and gas estates
because of speculative fear and hysteria regarding hydraulic fracturing. See e.g.,
Vermillion v. Mora County, New Mexico, No. 1:13-cv-01095 CEG/GBW (D. NM);
Joint Landowners Coalition of New York, Inc. v. Cuomo, Index No. 843-2014

(N.Y. Sup. Ct, Albany County) (appeal filed July 25, 2015). The use of this
demonstrably safe completion operation unlocks vast reserves of oil and gas that
would be otherwise unrecoverable, thereby lowering energy costs to the benefit of
local residents and communities, as well as the states and the Nation.
2.

MSLF seeks to participate as amicus curiae to emphasize the

following tenets. First, the principle function of government is to protect property,

which is essential to liberty. Second, the greatest threat to property are oppressive
factions, especially those operating at the local level. Finally, it is the judiciarys
role to protect property from these factions. MSLF submits that these tenets will
assist this Court in resolving this appeal.
3.

Counsel for the parties were consulted regarding this Motion.

Appellees, Colorado Oil and Gas Association, Colorado Oil and Gas Conservation
Commission, and TOP Operating Company have no objection to the filing of
MSLFs amicus curiae brief. Appellants, City of Longmont and Our Health Our
Future Our Longmont, et al., take no position at this time, but reserve the right to
do so after reviewing MSLFs amicus curiae brief.
4.

Pursuant to C.A.R. 29, MSLFs proposed amicus curiae brief is

conditionally filed concurrently herewith.

WHEREFORE, MSLF respectfully requests leave to file an amicus curiae

brief in support of Appellees urging affirmance and respectfully requests that this
Court accept the proposed amicus curiae brief conditionally filed concurrently
herewith.
DATED this 5th day of March 2015.
Respectfully submitted,
s/ Steven J. Lechner
Steven J. Lechner (#19853)
Jaimie Cavanaugh (#44639)
Mountain States Legal Foundation
2596 South Lewis Way
Lakewood, Colorado 80227
(303) 292-2021
(303) 292-1980 (facsimile)
lechner@mountainstateslegal.com
jcavanaugh@mountainstateslegal.com
Attorneys for Amicus Curiae
Mountain States Legal Foundation

CERTIFICATE OF SERVICE
I certify that on the 5th day of March 2015, the foregoing document was
filed with the Court of Appeals and true and accurate copies of the same were
served on the following counsel of record via the Integrated Colorado Courts EFiling System:
T. Eugene Mai, City Attorney
Daniel E. Kramer, Assistant City Attorney
City of Longmont, Civic Center Complex
408 3rd Avenue
Longmont, Colorado 80501
Phillip D. Barber, Esq.
1675 Larimer Street, Suite 620
Denver, Colorado 80202
Attorneys for City of Longmont
Mark J. Mathews
Michael D. Hoke
Wayne F. Forman
Brownstein Hyatt Farber Schreck, LLP
410 17th Street, Suite 2200
Denver, Colorado 80202-4432
Karen L. Spaulding
Beatty & Wozniak, P.C.
216 16th Street, Suite 1100
Denver, CO 80202
Attorneys for Colorado Oil & Gas Association

Thomas J. Kimmell
Zarlengo & Kimmell, P.C.
1775 Sherman Street, Suite 1375
Denver, Colorado 80203
Attorney for TOP Operating Company
Kevin Lynch
Brad Arthur Bartlett
Environmental Law Clinic
University of Denver Sturm College of Law
2255 E. Evans Avenue, Suite 335
Denver, Colorado 80208
Attorneys for Citizen Intervenors Our Health, Our Future, Our Longmont;
Sierra Club; and Food and Water Watch and Earthworks
Eric Huber
Sierra Club
1650 38th Street, Suite 102W
Boulder, Colorado 80301
Attorney for Sierra Club and Earthworks
Jake Matter, Assistant Attorney General
Julie M. Murphy
Christopher K. Boeckx
Ralph L. Carr, Colorado Judicial Center
1300 Broadway, 10th Floor
Denver, Colorado 80203
Attorneys for Colorado Oil & Gas Conservation Commission
Rachel Lee Allen
Geoffrey T. Wilson
Colorado Municipal League
1144 Sherman Street
Denver, Colorado 80203
Attorneys for Colorado Municipal League

Thomas A. Carr
Office of the City Attorney
P.O. Box 791
Boulder, Colorado 80306
Attorney for City of Boulder
Jeffrey P. Robbins
Goldman, Robbins & Nicholson, P.C.
679 E. 2nd Avenue, Suite C
P.O. Box 2270
Durango, Colorado 81302
Attorney for Board of County Commissioners of County of Boulder, State of
Colorado

s/ Steven J. Lechner
Steven J. Lechner (#19853)