Center for Biological Diversity v. United States Forest Service
Filing
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ORDER granting 17 Motion to Intervene. Signed by Senior Judge Paul G Rosenblatt on 7/30/12.(LSP)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Center for Biological Diversity, et al.,
Plaintiffs,
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vs.
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United States Forest Service,
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Defendant.
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No. 12-CV-8088-PCT-PGR
ORDER
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Before the Court is the Motion to Intervene filed by proposed intervenors Kane
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County, Utah, and Fredonia, Arizona. (Doc. 17.) The proposed intervenors seek to
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intervene as of right or permissively under Rule 24(a) and (b) of the Federal Rules of
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Civil Procedure. Plaintiffs do not oppose the motion. (Doc. 23.) The Court finds that
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intervention is appropriate.
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At issue in this case is Plaintiff’s challenge to Defendant’s implementation of the
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“Jacob-Ryan Vegetation Management Project” in the Kaibab National Forest. Rule
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24(a)(2) requires a court to allow intervention for a proposed intervenor who “claims an
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interest relating to the property or transaction that is the subject of the action” and is “so
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situated that disposing of the action may as a practical matter impair or impede the
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movant’s ability to protect its interest, unless existing parties adequately represent that
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interest.” See Southwest Center for Biological Diversity v. Berg, 268 F.3d 810, 818 (9th
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Cir. 2001) (noting that Rule 24(a) is construed “liberally in favor of potential
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intervenors”).
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The proposed intervenors here, Kane County and the town of Fredonia, have
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shown a protectable interest in the Kaibab National Forest and its management,
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particularly as it relates to the prevention of forest fires, which effect the economy of the
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county and town and the well being of their residents. (See Doc. 18 at 5–7.) The proposed
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intervenors have also shown that their interests may not be adequately represented by the
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existing parties. See Northwest Forest Resources Council v. Glickman, 82 F.3d 825, 838
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(9th Cir. 1996). While they share with the U.S. Forest Service the general goal of
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implementing the Jacob-Ryan Plan, the proposed intervenors advocate a more aggressive
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approach to reducing fuel loads. (Id. at 8–9.)
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The Court also finds that permissive intervention is appropriate under Rule 24(b)
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because the proposed intervenors assert a claim or defense in common with the main
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action. See Northwest Forest Resources Council, 82 F.3d 825 at 839.
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Accordingly,
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IT IS ORDERED granting the motion to intervene (Doc. 17).
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DATED this 30th day of July, 2012.
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