WildEarth Guardians v. Klein et al

Filing 10

ORDER Granting Trapper Mining Inc's 9 Motion to Intervene, by Judge John L. Kane on 4/23/13.(sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:13-cv-00518
WILDEARTH GUARDIANS,
Plaintiff,
v.
UNITED STATES OFFICE OF SURFACE MINING, RECLAMATION, AND
ENFORCEMENT, AL KLEIN, in his official capacity as Western Regional Director of the
Office of Surface Mining, Reclamation, and Enforcement, Denver, Colorado, and SALLY
JEWEL, in her official capacity as Secretary of the United States Department of
the Interior,
Defendants,
and
TRAPPER MINING INC.,
Defendant Intervenor.
ORDER GRANTING TRAPPER MINING INC.’s MOTION TO INTERVENE
Kane, J.
Trapper Mining Inc.’s Unopposed Motion to Intervene, Doc. 9, is GRANTED.
Defendant Intervenor’s participation is not, however, without limitation. Counsel for Federal
Defendants and counsel for Trapper Mining Inc. must confer before filing any motion,
responsive filing, or brief to determine whether their positions may be set forth in a consolidated
fashion. Defendant Intervenor may file separate motions, responsive filings, or briefs only to
raise arguments or issues Federal Defendants decline to raise in their filings. Any new
arguments raised by Defendant Intervenor must be germane to the claims raised by the original
parties; arguments relating to collateral issues will be stricken as immaterial. Any separate
filings must include a Certificate of Compliance, confirming compliance with this conferral
requirement. The Certificate of Compliance should also include a statement that the Federal

Defendants’ position does not adequately cover the issues Defendant Intervenor seeks to raise by
way of supplemental filings.
DATED:

April 23, 2013

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