Citizens for Clean Energy et al v. U.S. Department of the Interior et al

Filing 42

ORDER granting (39) Motion to Intervene regarding the State of Montana 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
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION

FILED
JUl 10 2017
Clerk, U.S District COUll

District Of Montana

Great Falls

CITIZENS FOR CLEAN ENERGY,
ECOCHEYENNE,MONTANA
ENVIRONlVIENTAL INFORMATION
CENTER, CENTER FOR
BIOLOGICAL DIVERSITY,
DEFENDERS OF WILDLIFE,
SIERRA CLUB, and WILDEARTH
GUARDIANS,
Plaintiffs,

CV-17-30-GF-BMM

ORDER REGARDING THE STATE OF
MONTANA'S MOTION TO INTERVENE

and
THE NORTHERN CHEYENNE
TRIBE,
Plaintiff,
vs.
U.S. DEPARTMENT OF THE
INTERIOR; U.S. SECRETARY OF
THE INTERIOR; and U.S. BUREAU
OF LAND MANAGEMENT,
Defendants.

Applicant for intervention, the State of Montana, has moved for leave of
Court to intervene as of right pursuant to Federal Rule of Civil Procedure 24(a)(2).
(Doc. 39.) Federal Defendants do not oppose the State of Montana's intervention
in this matter. (Doc. 39 at 3.) The State of Wyoming also does not oppose. Id.
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Under Fed. R. Civ. P. 24(a)(2), to intervene as of right, an applicant must
show that "( 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 ofFerdinand E. Marcos Human Rights Litig.,
536 F.3d 980, 984 (9th Cir. 2008) (internal quotations and citation omitted).
The State of Montana contains a number of coal leases that would be
affected by the coal moratorium and potential injunction at issue in this case. (Doc.
40 at 6-7.) The State of Montana also occupies a different position than that of the
United States and the State of Wyoming on the basis that the State of Montana has
unique interests as a high volume coal producing state. Id. at 8-10. The Applicant
meets the standard for intervention as of right.
IT IS ORDERED that the unopposed motion (Doc. 39) for intervention as of
right of Applicant State of Montana is hereby GRANTED.
IT IS FURTHER ORDERED that Defendant-Intervenor State of Montana
must file its responsive pleading or motion within seven days after the deadline by
which Federal Defendants must file their responsive pleading or motion.

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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.

Brian Morris
United States District Court Judge

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