Montana Wildlife Federation et al v. Zinke et al

Filing 26

ORDER: IT IS ORDERED that the 15 motion for intervention as of right of Applicant State of Wyoming is hereby GRANTED. IT IS FURTHER ORDERED that the 17 motion for intervention as of right of Applicant Western Energy Alliance is hereby GRANTED. IT IS FURTHER ORDERED that the Clerk of Court shall file the Defendant-Intervenors' proposed Answers as separate docket entries. The Court will impose briefing word limits on all parties at the Preliminary Pretrial Conference, which will be scheduled by forthcoming Order. Signed by Judge Brian Morris on 7/16/2018. (SLR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
MONTANA WILDLIFE, et al.,
Plaintiffs,
vs.

CV-18-69-GF-BMM
ORDER

RYAN K. ZINKE, Secretary of the
Interior, et al.,
Defendants.

Applicants for intervention, State of Wyoming and Western Energy Alliance
(collectively “Applicants”) have moved to intervene as of right pursuant to Federal
Rule of Civil Procedure 24(a)(2). (Docs. 15; 17.) Plaintiffs take no position on
either motion. (Docs. 15 at 2; 17 at 2.) Federal Defendants likewise take no
position on either motion. (Docs. 15 at 2; 17 at 2.)
To intervene as of right under Fed. R. Civ. P. 24(a)(2), 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).
Plaintiffs challenge six Bureau of Land Management (BLM) lease sales in
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Montana, Wyoming, and Nevada. (Doc. 1.) The State of Wyoming seeks to
intervene to protect its interests in preventing the interruption of oil and gas leasing
within the state. (Doc. 16 at 3.) Western Energy Alliance seeks to intervene to
protect the economic interests of its members in the leasing and development of oil
and gas resources on public lands. (Doc. 17 at 2.) Federal Defendants likely
possess similar, but not necessarily the same, interests as the Applicants. The
Applicants meet the standard for intervention as of right.
IT IS ORDERED that the motion (Doc. 15) for intervention as of right of
Applicant State of Wyoming is hereby GRANTED.
IT IS FURTHER ORDERED that the motion (Doc. 17) for intervention as
of right of Applicant Western Energy Alliance is hereby GRANTED.
IT IS FURTHER ORDERED that the Clerk of Court shall file the
Defendant-Intervenors’ Proposed Answers as separate docket entries.
The Court will impose briefing word limits on all parties at the preliminary
pretrial conference, which will be scheduled by forthcoming Order.
DATED this 16th day of July, 2018.

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