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

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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

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(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.

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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

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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 E-

Filing 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

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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

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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)