United States of America v. Portsmouth, NH, City of

Filing 21

ORDER granting 11 Motion to Intervene. So Ordered by Judge Paul J. Barbadoro.(jna)

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE

United States of America, et al.

Case No. 09-cv-283-PB

.
City of Portsmouth, et al.

O R D E R
Before the court is a motion to intervene (Doc. No. 11)
filed on August 22, 2012 by the Conservation Law Foundation
("CLF").
The case was commenced on August 17, 2009, when the United
States filed a proposed consent decree with the court.

The

proposed decree was later published in the Federal Register and
a 30-day public comment period expired without comment or
objection from CLF.
at that time.

CLF did not seek to intervene in the action

I entered judgment approving the consent decree

on September 24, 2009, and no further filings were made until
the United States lodged a proposal to modify the decree on July
2, 2012.

CLF plainly has a right to intervene in the action and, to
the extent it seeks to participate in litigation over the
proposed modification of the decree, its motion is timely.

I

agree with the government, for the reasons cited in its
memorandum in response to the motion to intervene, however, that
the intervention should be limited to the issues that are
currently before the court.

Accordingly, the motion is granted

to the extent that CLF is authorized to file briefs in response
to the pending motion to enter the consent decree modification,
file an appeal from any adverse decision concerning the motion,
and continue CLF's regular interactions with the parties.
SO ORDERED.

/s/Paul Barbadoro
Paul Barbadoro
United States District Judge
October 9, 2012
cc:

Thomas F. Irwin, Esq.
Peter M. Flynn, Esq.
Mary E. Maloney, Esq.
E. Tupper Kinder, Esq.