Sierra Club Inc et al v. Bostick et al

Filing 50

ORDER granting 37 Motion to Intervene by Interstate Natural Gas Association of America, American Gas Association, Association of Oil Pipe Lines, American Petroleum Institute and Utility Water Act Group. However the Utility Intervenor's partic ipation is limited to facilitate the conducting of these proceedings. Counsel for Defendants and counsel for both TransCanada Intervenors and Utility Intervenors must CONFER before filing any motion, responsive filing or brief to determine whether their positions may be set forth in a consolidated manner. Intervenors, to include TransCanada Intervenors, may file separate motions, responsive filings or briefs only to raise arguments or issues Defendants decline to include in their filings. An y separate filings must include a Certificate of Compliance with the conference requirement and a statement that the issues raised are not adequately covered by Defendants' position or that of another intervenor.. Signed by Honorable David L. Russell on 8/1/12. (kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
SIERRA CLUB, INC., CLEAN ENERGY
FUTURE OKLAHOMA, and EAST TEXAS
SUB REGIONAL PLANNING COMMISSION,
Plaintiffs,
v.

LIEUTENANT GENERAL THOMAS P.
BOSTICK (in his official capacity as
Commanding General and Chief of
Engineers of the U.S. Army Corps of Engineers,
et al.,
Defendants,
TRANSCANADA KEYSTONE PIPELINE, LP,
a Delaware limited partnership, and
TRANSCANADA CORPORATION, a Canadian
public company,
Intervenors.

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ORDER
This matter comes before the Court on the Motion to Intervene, filed by Interstate
Natural Gas Association of America, American Gas Association, Association of Oil Pipe
Lines, American Petroleum Institute and Utility Water Act Group ("Utility Intervenors),
pursuant to Federal Rule of Civil Procedure 24(a). Therein movants represent that Defendant
takes no position with regard to its motion and that the extant intervenors do not object to
their request. Plaintiffs responded in opposition to the motion.

The basis for the Utility Intervenor's request is that the current litigation challenges
Nationwide Permit 12, issued by the United States Corps of Engineers, and that any Court
order affecting that Permit could significantly impact them. The Court hereby GRANTS the
motion to intervene. However the Utility Intervenor's participation is limited to facilitate
the conducting of these proceedings.

Counsel for Defendants and counsel for both

TransCanada Intervenors and Utility Intervenors must CONFER before filing any motion,
responsive filing or brief to determine whether their positions may be set forth in a
consolidated manner. Intervenors, to include TransCanada Intervenors, may file separate
motions, responsive filings or briefs only to raise arguments or issues Defendants decline to
include in their filings. Any separate filings must include a Certificate of Compliance with
the conference requirement and a statement that the issues raised are not adequately covered
by Defendants' position or that of another intervenor.
IT IS SO ORDERED this 1st day of August, 2012.

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