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1 COLORADO COURT OF APPEALS 2 East 14th Avenue Denver, CO Name & Address of Lower Court: District Court, City and County of Denver, CO 1437 Bannock Street, Denver, CO Trial Court Judge: The Honorable J. Eric Elliff Case Number: 14CV32637 TAMARA ROSKE, et. al., Plaintiff/Appellants v. COLORADO OIL AND GAS CONSERVATION COMMISSION, Defendant/Appellee and AMERICAN PETROLEUM INSTITUTE and the COLORADO PETROLEUM ASSOCIATION, Intervenors. Attorney for Plaintiff-Appellants: Katherine Toan, Atty. Reg. # Arapahoe Ave. Boulder, CO Phone No: James Daniel Leftwich, Atty. Reg. #38510 MindDrive Legal Services, LLC 1295 Wildwood Road Boulder, CO Phone No.: (720) NOTICE OF APPEAL COURT USE ONLY Case Number:

2 Plaintiffs-Appellants, Tamara Roske, et al., appeal Denver District Court Judge J. Eric Elliff's February 19, 2016 Order affirming the Colorado Oil and Gas Conservation Commission's denial of Plaintiffs' Petition for Rulemaking in case number 14CV I. NATURE OF THE CASE A. Nature of controversy: This case arises from a final agency decision by the Colorado Oil and Gas Conservation Commission (COGCC). Appellants, six Colorado youths appearing by and through their legal guardians, petitioned the COGCC and the Department of Natural Resources on November 15, 2013 requesting that the COGCC temporarily suspend the issuance of new oil and gas drilling permits until the agency determined that it was complying with its legal obligation to protect public health, safety, welfare, and the environment. After receiving testimony and public comment on April 28, 2014, including a legal brief from the Assistant Attorney General, the COGCC denied the youths petition for rulemaking on May 29, Petitioners appealed the COGCC s order to Denver District Court on July 3, Appellants Complaint claimed that the COGCC s decision was based on an erroneous interpretation of the Colorado Oil and Gas Conservation Act (Act) and that granting Petitioners requested relief would clarify the COGCC s rulemaking 2

3 authority and the scope of the Petitioners legal rights under the Act and ensure that the COGCC is meeting its statutory obligations. The case was originally assigned to Judge Andrew P. McCallin, who granted intervention to the Colorado Petroleum Association and the American Petroleum Institute and denied the COGCC s motion to dismiss the case on December 24, The issues were fully briefed on June 3, 2015, with Plaintiffs requesting oral arguments. On January 11, 2015 Judge Eric Elliff was assigned to courtroom 215 where the appellants case was pending. On February 19, Judge Eric Elliff affirmed the decision of the COGCC without allowing oral argument. B. Order Being Appealed and Basis for the Appellate Court s Jurisdiction: Appellants seek review of the District Court s Order from February 19, 2016 affirming the COGCC s denial of the Plaintiffs petition. The Court of Appeals has jurisdiction to hear this appeal under C.R.S (9) and the Colorado Appellate Rules 1(a)(1), which provide that an appeal to the appellate court may be taken from a final judgment of any district court. C. Issues Resolved Below: The district court s order resolved all issues pending before the court. D. Whether the order is final for purposes of appeal: The district court s February 19, 2016 order is final for purposes of appeal. E. Date the order was entered: 3

4 The district court s order was entered February 19, F. Whether any extensions were granted to file motion for post-trial relief: No extensions were granted to file motions for post-trial relief. G. Date of any motion for post-trial relief: No motions for post-trial relief were filed. H. Date any motion for post-trial relief was denied: No motions for post-trial relief were filed. I. Date notice of intent to seek appellate review was filed with the district court: April 4, J. Whether any extensions were granted to file notice of appeal: No extensions to file notice of appeal were requested or granted. III. ADVISORY LISTING OF ISSUES TO BE RAISED ON APPEAL Plaintiffs-Appellants anticipate that their appeal will focus on the following issues: A. Whether the district court erred in affirming the COGCC s denial of the Plaintiffs petition for rulemaking. B. Whether the district court erred in concluding that the Colorado Oil and Gas Conservation Act requires a balancing of oil and gas 4

5 development against protection of public health, safety, and the environment. C. Whether the district court erred in concluding that the legislature did not intend for the COGCC to prioritize the protection of public health, safety and the environment in its regulation of oil and gas development. D. Whether the district court erred in concluding that the protection of public health, safety and the environment is not a mandatory condition for oil and gas development to be considered "responsible and balanced" under the Colorado Oil and Gas Conservation Act. E. Whether the district court erred in concluding that using a balancing test to weigh protection of public health, safety, and the environment is not inconsistent with the Colorado Constitution. F. Whether the district court erred in finding that the COGCC s decision to deny Plaintiffs petition for rulemaking was not arbitrary and capricious. IV. TRANSCRIPT INFORMATION The administrative record, including the transcript from the April 28, 2014 COGCC hearing, is necessary to resolve the issues raised on appeal. V. ATTORNEY INFORMATION 5

6 Plaintiffs /Appellants Attorney: Katherine Toan 479 Arapahoe Ave. Boulder, CO (720) Attorney Reg. No James Daniel Leftwich MindDrive Legal Services, LLC 1295 Wildwood Road Boulder, CO Phone No.: (720) Atty. Reg. #38510 Defendant s/appellee s Attorney: Jake Matter, Assistant Attorney General Ralph L. Carr Colorado Judicial Center 1300 Broadway, 7th Floor Denver, CO Intervenors Attorney: Richard C. Kaufman, Of Counsel Ryley Carlock & Applewhite 1700 Lincoln Street, Suite 3500 Denver, CO Attorney Reg. #8343 VI. APPENDICES TO THIS NOTICE OF APPEAL Appendix 1: Order of the District Court Appendix 2: Order of the COGCC 6

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25 CERTIFICATE OF SERVICE I certify that I have duly served the foregoing NOTICE OF APPEAL upon all parties below via the Integrated Colorado Courts E-Filing System (ICCES) and/or via regular U.S. mail service on this 4 th day of April Counsel for the Defendant/Appellee: Jake Matter, Assistant Attorney General Ralph L. Carr Colorado Judicial Center 1300 Broadway, 7th Floor Denver, CO Counsel for Intervenors: Richard C. Kaufman, Of Counsel Ryley Carlock & Applewhite 1700 Lincoln Street, Suite 3500 Denver, CO _/s/ Katherine Toan Katherine Toan 479 Arapahoe Ave. Boulder, CO (720) Attorney Reg. No

Court of Appeals, State of Colorado 2 East 14th Ave, Denver, CO 80203

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