UNITED STATES OF AMERICA V. JOHN C. CARPENTER, ET AL.

Filing 551

ORDER granting State of Nevada's # 542 Motion to Appear as Amicus. Signed by Judge Miranda M. Du on 4/7/2015. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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UNITED STATES OF AMERICA,

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Case No. 3:99-cv-00547-MMD-WGC

Plaintiff,

ORDER

v.
JOHN C. CARPENTER, GRANT
GERBER, and COUNTY OF ELKO,

(Motion to Appear as Amicus
– dkt. no. 542)

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Defendants,
THE WILDERNESS SOCIETY and
GREAT OLD BROADS FOR
WILDERNESS,
Intervenors and Cross-Claimants.

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Before the Court is the State of Nevada’s Motion to Appear as Amicus (“Motion”)

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(dkt. no. 542). The State seeks to appear in this matter to explain questions of Nevada

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law involving roads on public lands. (Id. at 2-3.) The State also argues that, by appearing

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amicus, it can help explain how this litigation might affect other cases involving roads on

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public lands in Nevada. (Id. at 3-4.) The Motion is unopposed.

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District courts have “broad discretion to appoint amici curiae.” Hoptowit v. Ray,

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682 F.2d 1237, 1260 (9th Cir. 1982), abrogated on other grounds by Sandin v. Conner,

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515 U.S. 472 (1995). Courts normally allow amicus briefs “when the amicus has unique

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information or perspective that can help the court beyond the help that the lawyers for

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the parties are able to provide.” Cmty. Ass’n for Restoration of Env’t v. DeRuyter Bros.

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Dairy, 54 F. Supp. 2d 974, 975 (E.D. Wash. 1999) (citing Miller-Wohl Co., Inc. v. Mont.

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Comm’r of Labor & Indus., 694 F.2d 203, 204 (9th Cir. 1982)). Amici need not “be totally

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disinterested” in the litigation. Funbus Sys., Inc. v. Cal. Pub. Utils. Comm’n, 801 F.2d

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1120, 1125 (9th Cir. 1986).

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The Court finds that the State, through its Attorney General, can provide a unique

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perspective on questions of Nevada law implicated by this lawsuit, as well as the

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possible effects this litigation may have on other cases involving roads on public lands in

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Nevada. Because the Court finds that the State’s perspective could help the Court in

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resolving this matter, the Court will grant the unopposed Motion.

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It is ordered that the State of Nevada’s Motion to Appear as Amicus (dkt. no. 542)
is granted.

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DATED THIS 7th day of April 2015.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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