WildEarth Guardians v. Jackson

Filing 23

MINUTE ORDER granting 20 Kerr-McGee Gathering LLC's Motion to Intervene. The caption in this case shall be amended to reflect the addition of Defendant-Intervenor Kerr-McGee Gathering LLC. The Clerk of the Court is instructed to accept Defendant-Intervenor Kerr-McGee's Answer to Plaintiff's First Amended Complaint [Docket No. 20 -3] for filing as of the date of this Minute Order, by Magistrate Judge Kristen L. Mix on 11/15/2010.(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, and COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, AIR POLLUTION CONTROL DIVISION, Defendant-Intervenor, and KERR-MCGEE GATHERING LLC, Defendant-Intervenor. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Kerr-McGee Gathering LLC's Motion to Intervene [Docket No. 20; Filed November 12, 2010] (the "Motion"). Kerr-McGee Gathering LLC ("Kerr-McGee") 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). Kerr-McGee represents that neither Plaintiff nor Defendant takes a position regarding the Motion, and that DefendantIntervenor has no opposition to the Motion. The Court finds that Kerr-McGee 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 Kerr-McGee's request to intervene, the Court does not consider whether Kerr-McGee 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 Kerr-McGee Gathering LLC. IT IS FURTHER ORDERED that the Clerk of the Court is instructed to accept Defendant-Intervenor Kerr-McGee's Answer to Plaintiff's First Amended Complaint [Docket No. 20-3] for filing as of the date of this Minute Order. Dated: November 15, 2010