State of New Mexico et al v. United States Department of the Interior et al
ORDER granting 34 Motion to Intervene regarding the State of Wyoming. Signed by Judge Brian Morris on 7/25/2017. (MMS)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
STATE OF CALIFORNIA; STATE
OF NEW MEXICO; STATE OF NEW
YORK; and STATE OF
RYAN ZINKE, in his official capacity
as Secretary of the Interior; UNITED
STATES BUREAU OF LAND
MANAGEMENT; and UNITED
STATES DEPARTMENT OF THE
ORDER REGARDING THE STATE OF
WYOMING’S MOTION TO INTERVENE
Applicant for intervention, the State of Wyoming, has moved for leave of
Court to intervene as of right pursuant to Federal Rule of Civil Procedure 24(a)(2).
(Doc. 34.) 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 of Ferdinand E. Marcos Human
Rights Litig., 536 F.3d 980, 984 (9th Cir. 2008) (internal quotations and citation
The State of Wyoming contains a number of coal leases that would be
affected by the coal moratorium and potential injunction at issue in this case. (Doc.
26 at 3.) The State of Wyoming also occupies a different position than that of the
United States on the basis that the State of Wyoming has unique interests as a high
volume coal producing state. Id. at 10-12. The Applicant meets the standard for
intervention as of right.
IT IS ORDERED that the motion (Doc. 34) for intervention as of right of
Applicant State of Wyoming is hereby GRANTED.
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 25th day of July, 2017.
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