Wilderness Society, The et al v. United States Forest Service et al

Filing 25

ORDER. Defendant Intervenors Motion to Intervene 19 is GRANTED. Defendant Intervenors shall comply with the deadlines set forth in the Joint Case Management Plan 23 submitted by the parties and approved by the court. By Judge John L. Kane on 5/13/2011.(sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge John L. Kane
Civil Action No. 1:11-cv-00246-JLK
THE WILDERNESS SOCIETY,
QUIET USE COALITION,
WILDLANDS CPR,
CENTER FOR NATIVE ECOYSTEMS, and
GREAT OLD BROADS FOR WILDERNESS
Plaintiffs,
v.
U.S. FOREST SERVICE, a federal agency within the U.S. Department of Agriculture; and
JERRI MARR, in her official capacity as Forest Supervisor for the Pike and San Isabel
National Forests,
Defendants,
and
COLORADO OFF HIGHWAY VEHICLE COALITION,
TRAILS PRESERVATION ALLIANCE, and
THE BLUERIBBON COALITION,
Proposed Defendant Intervenors.

ORDER

This matter is currently before me on Proposed Defendant Intervenors’ Motion to
Intervene (doc. 19). Neither Plaintiffs nor Defendants takes any position regarding this motion.
After considering carefully the Proposed Defendant Intervenors’ brief in support of
intervention, and applying the legal standards set forth by the Tenth Circuit in San Juan County,
Utah v. United States, 503 F.3d 1163, 1188 (10th Cir. 2007)(en banc), I am persuaded to GRANT
the motion. The clerk shall enter the answer attached as Exhibit 1 to its Motion to Intervene.

Defendant Intervenors’ participation is not, however, without limitation. Defendant
Intervenors participation will be limited in this appeal in the interest of the efficient conduct of
the proceedings. Rule 24(a)(2)’s “reference to practical consideration in determining whether an
applicant can intervene implies that those same considerations can justify limitations on the
scope of intervention.” San Juan County, 503 F.3d at 1189. “[I]ntervention of right under the
amended rule may be subject to appropriate considerations or restrictions responsive among
other things to the requirements of efficient conduct of the proceedings.” Id. (quoting Fed. R.
Civ. P. 24 Advisory Committee Notes (1966 Amendment).
Accordingly, counsel for Defendants and counsel for Defendant Intervenors must confer
before filing any motion, responsive filing, or brief to determine whether their positions may be
set forth in a consolidated fashion. Defendant Intervenors may file separate motions, responsive
filings, or briefs only to raise arguments or issues Defendants decline to raise in their filings.
Any separate filings must include a Certificate of Compliance with the condition requiring
Defendant Intervenor sto confer with counsel for Defendant before filing, and a statement that
the issues raised are not adequately covered by Defendant’s position.
Furthermore, Defendant Intervenors shall comply with the deadlines set forth in the Joint
Case Management Plan (doc. 23) submitted by the parties and approved by the court.

Dated: May 13, 2011.

BY THE COURT:
/s/ John L. Kane
Senior U.S. District Judge

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