WildEarth Guardians v. Jackson

Filing 18

MINUTE ORDER granting 16 Colorado Department of Public Health and Environment's Motion to Intervene and Memorandum in Support Thereof. The caption in this case shall be amended to reflect the addition of Defendant-Intervenor State of Colorado , Department of Public Health and Environment, Air Pollution Control Division. The Clerk of the Court is instructed to accept 16 Defendant-Intervenor's Answer to Plaintiff's Amended Complaint for filing as of the date of this Minute Order, by Magistrate Judge Kristen L. Mix on 11/04/2010.(wjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 10-cv-01680-MSK-KLM WILDEARTH GUARDIANS, Plaintiff, v. LISA P. JACKSON, in her official capacity as Administrator, United States Environmental Protection Agency, Defendant. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Colorado Department of Public Health and Environment's Motion to Intervene and Memorandum in Support Thereof [Docket No. 16; Filed October 26, 2010] (the "Motion"). The State of Colorado, Department of Public Health and Environment, Air Pollution Division (the "Division") seeks to intervene as a Defendant in this action as a matter of right under Fed. R. Civ. P. 24(a)(2) or, in the alternative, to intervene as a Defendant in this action permissively pursuant to Fed. R. Civ. P. 24(b)(2). The Division represents that neither Plaintiff nor Defendant takes a position regarding the Motion. The Court finds that the Division has met the requirements of Fed. R. Civ. P. 24(b)(2) for permissive intervention in this action. Given that intervention is permitted and neither Plaintiff nor Defendant has taken a position on the Division's request to intervene, the Court does not consider whether the Division is entitled to intervene as a matter of right. IT IS HEREBY ORDERED that the Motion is GRANTED. The caption in this case shall be amended to reflect the addition of Defendant-Intervenor State of Colorado, Department of Public Health and Environment, Air Pollution Control Division. IT IS FURTHER ORDERED that the Clerk of the Court is instructed to accept Defendant-Intervenor's Answer to Plaintiff's Amended Complaint [Docket No. 16-10] for filing as of the date of this Minute Order. Dated: November 4, 2010