Citizens for Clean Energy et al v. U.S. Department of the Interior et al
ORDER granting (37) Motion to Intervene as to National Mining Association in case 4:17-cv-00030-BMM Signed by Judge Brian Morris on 7/10/2017. Associated Cases: 4:17-cv-00030-BMM, 4:17-cv-00042-BMM (MMS)
IN THE UNITED STATES DISTRICT COURT JU 1
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
CITIZENS FOR CLEAN ENERGY,
CENTER, CENTER FOR
DEFENDERS OF WILDLIFE,
SIERRA CLUB, and WILDEARTH
u.s District Court
District Of Montana
ORDER REGARDING NATIONAL
MINING ASSOCIATION'S MOTION TO
THE NORTHERN CHEYENNE
U.S. DEPARTMENT OF THE
INTERIOR; U.S. SECRETARY OF
THE INTERIOR; and U.S. BUREAU
OF LAND MANAGENIENT,
Applicant for intervention, National Mining Association, has moved for
leave of Court to intervene as of right pursuant to Federal Rule of Civil Procedure
24(a)(2). (Doc. 37.) Federal Defendants do not oppose National Mining
Association's intervention in this matter. Id. at 2. The State of Wyoming also does
not oppose. Id.
Under Fed. R. Civ. P. 24(a)(2), to intervene as of right, an applicant must
show that H( 1) it has a significant protectable interest relating to the property or
transaction that is the subject of the action; (2) the disposition of the action may, as
a practical matter, impair or impede the applicant's ability to protect its interest; (3)
the application is timely; and ( 4) the existing parties may not adequately represent
the applicant's interest." In re Estate o/Ferdinand E. Marcos Human Rights Litig.,
536 F.3d 980, 984 (9th Cir. 2008) (internal quotations and citation omitted).
National Mining Association represents the only national organization
representing mining interests. (Doc. 38 at 6.) National Mining Association also
occupies a different position than that of the United States and the State of
Wyoming on the basis that the organization represents the business interests of its
coal company members. Id. at 8-9. The Applicant meets the standard for
intervention as of right.
IT IS ORDERED that the unopposed motion (Doc. 37) for intervention as of
right of Applicant National Mining Association is hereby GRANTED.
IT IS FURTHER ORDERED that Defendant-Intervenor National Mining
Association must file its responsive pleading or motion within seven days after the
deadline by which Federal Defendants must file their responsive pleading or
The Court will impose briefing word limits on all parties, including
intervenors, at the preliminary pretrial conference, which will be scheduled after
responsive pleadings or motions are filed in this case.
DATED this 10th day of July, 2017.
United States District Court Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?