MARTINEZ v. COLORADO OIL AND GAS CONSER.

Court of Appeals No. 16CA0564.

434 P.3d 689 (2017)

2017 COA 37

Xiuhtezcatl MARTINEZ, Itzcuahtli Roske-Martinez, Sonora Brinkley, Aerielle Deering, Trinity Carter, and Emma Bray, minors appearing by and through their legal guardians Tamara Roske, Bindi Brinkley, Eleni Deering, Jasmine Jones, Robin Ruston, and Diana Bray, Plaintiffs-Appellants, v. COLORADO OIL AND GAS CONSERVATION COMMISSION, Defendant-Appellee, and American Petroleum Institute and Colorado Petroleum Association, Intervenors-Appellees.

Colorado Court of Appeals, Div. V.

Announced March 23, 2017.


Attorney(s) appearing for the Case

Colorado Environmental Law, LTD., Katherine Lynn Toan Merlin , Boulder, Colorado; Minddrive Legal Services, LLC, James Daniel Leftwich , Boulder, Colorado; Wild Earth Advocates, Julia Olson , Eugene, Oregon; for Plaintiffs-Appellants

Cynthia H. Coffman , Attorney General, Jake Matter , Senior Assistant Attorney General, Brittany K. Beckstead , Assistant Attorney General, Denver, Colorado, for Defendant-Appellee.

Ryley Carlock & Applewhite, Richard C. Kaufman , Julie A. Rosen , Matthew K. Tieslau , Denver, Colorado, for Intervenors-Appellees.

Western Environmental Law Center, Kyle Tisdel , Taos, New Mexico, for Amici Curiae Colorado Chapter Global Catholic Climate Movement, 350 Colorado, Eco-Justice Ministries, Denver Catholic Network and Global Climate Movement, The Rocky Mountain Peace and Justice Center, Wall of Women Colorado, Colorado People's Alliance, Citizens for a Healthy Fort Collins, Transition Fort Collins, The Fort Collins Sustainability Group, Citizens for a Healthy Community, Be the Change, The Colorado Coalition for a Livable Climate, Clean Energy Action, The Climate Culture Collaborative, Co-Op Members Alliance, The Community for Sustainable Energy, Eco Elders, Vibrant Planet, EnergyShouldBe.org, Frack Free Colorado, Lakewood Renewable Energy Lakewood, North Metro Neighbors for Safe Energy, and Protect Our Loveland.

Cynthia H. Coffman , Attorney General, Claybourne F. Clarke , Senior Assistant Attorney General, Laura Terlisner Mehew , Benjamin Saver , Assistant Attorneys General, Denver, Colorado, for Amicus Curiae Colorado Department of Public Health and Environment

Kevin Lynch , Timothy Estep , Denver, Colorado, for Amici Curiae Our Health, Our Future, Our Longmont; Sierra Club; Earthworks; and Food & Water Watch.


¶ 1 Through their legal guardians, Xiuhtezcatl Martinez, Itzcuahtli Roske-Martinez, Sonora Brinkley, Aerielle Deering, Trinity Carter, and Emma Bray (collectively Petitioners), who reside and recreate in Colorado, appeal the district court's order and final judgment affirming a decision of the Colorado Oil and Gas Conservation...

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