WildEarth Guardians v. United States Forest Service et al

Filing 38

ORDER 5 MOTION to Intervene filed by Mountain Coal Company L.L.C. is granted. Answer and Affirmative Defense is accepted as filed. Stay is lifted. By 8/26/09 parties to confer and submit Joint Case Management Plan, by Judge John L. Kane on 8/12/09. (gms, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge John L. Kane Civil Action No. 08-cv-02167-AP WILDEARTH GUARDIANS, Plaintiff, v. UNITED STATES FOREST SERVICE, a federal agency within the U.S. Department of Agriculture, RICK CABLES, in his official capacity as Regional Forester of the U.S. Forest Service's Rocky Mountain Region, CHARLES RICHMOND, in his official capacity as Regional Forester of the U.S. Forest Service's Rocky Mountain Region, UNITED STATES DEPARTMENT OF THE INTERIOR, a federal agency, S. STEPHEN ALLRED, in his official capacity as Assistant Secretary, Land and Minerals Management, U.S. Department of the Interior, Defendants. and MOUNTAIN COAL COMPANY, LLC, a Delaware limited liability corporation, Invervenor-Defendant. ______________________________________________________________________________ ORDER ______________________________________________________________________________ Consistent with the Order of Remand and Judgment entered by the Tenth Circuit Court of Appeals on July 24, 2009, the Motion to Intervene by Mountain Coal Company, L.L.C. (Doc. #5) is GRANTED. The Proposed Answer and Affirmative Defenses of Defendant Intervenor (Doc. 5-3) are accepted as filed. The stay is lifted. On or before August 26, 2009, the parties

shall confer and submit a revised Joint Case Management Plan that includes the intervenors, and sets forth a revised briefing schedule. Dated: August 12, 2009 BY THE COURT: S/John L. Kane John L. Kane, Senior District Judge United States District Court