Southern Utah Wilderness Alliance v. United States Department of the Interior et al
Filing
41
ORDER AND MEMORANDUM DECISION granting 25 AEC's Motion to Intervene; granting 38 Utah's Motion to Intervene. Signed by Judge Tena Campbell on 5/10/24. (dle)
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH,
CENTRAL DIVISION
SOUTHERN UTAH WILDNERNESS
ALLIANCE,
ORDER AND MEMORANDUM
DECISION ON MOTIONS TO
INTERVENE
Plaintiff,
v.
Case No. 2:23-cv-00804-TC-DBP
UNITED STATES DEPARTMENT OF
THE INTERIOR, UNITED STATES
BUREAU OF LAND MANAGEMENT,
and CHRISTINA PRICE,
District Judge Tena Campbell
Chief Magistrate Judge Dustin B. Pead
Defendants.
Before the court are Anschutz Exploration Corporation’s (AEC) and the State of Utah’s
motions to intervene. (See ECF Nos. 25 & 38.) The motions are unopposed. For the reasons
stated below, the court grants the motions to intervene.
BACKGROUND
In this lawsuit, Plaintiff Southern Utah Wilderness Alliance (SUWA) argues that in 2018
and 2019, Defendant United States Bureau of Land Management (BLM) made four separate
decisions to offer, sell, and issue for development 145 oil and gas leases covering approximately
215,325 acres of public lands in Utah without fully and adequately analyzing the environmental
and public health impacts of those decisions. (Am. Compl., ECF No. 16 at ¶ 1.) SUWA alleges
that BLM’s failure to consider the environmental and public health impacts of its decisions
violated the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA).
(Id. ¶¶ 158–90.) SUWA is a nonprofit organization dedicated to the preservation of wilderness
throughout Utah and the management of wilderness lands in their natural state. (Id. ¶ 18.) BLM,
an agency under the United States Department of the Interior (DOI), is responsible for managing
publicly-owned lands and minerals in accordance with federal law. (Id. ¶ 20.)
I.
Motions to Intervene
AEC, an independent oil-and-gas exploration and development company operating in
Colorado, Wyoming and Utah (see Decl. Joseph DeDominic, ECF No. 25-1 at ¶ 2), and Utah
have each moved to intervene in this dispute between SUWA and Defendants DOI, BLM and
Christina Price, in her official capacity as Deputy State Director for the Division of Lands and
Minerals of BLM’s Utah Office (together, Federal Defendants).
A. AEC
AEC moves the court to allow its intervention in this lawsuit because AEC holds 54 of
the 145 leases SUWA challenges in this case. (ECF No. 25 at 8; see AEC’s Oil and Gas Leases,
Ex. A to DeDominic Decl., ECF No. 25-1 at 4.) “AEC holds 26 of the challenged leases from
the December 2018 lease sale, and 28 of the challenged leases from the March 2019 lease sale.”
(ECF No. 25-1 at ¶ 6.) 1 AEC also asserts it “invested substantial resources, including millions of
dollars, to secure these Utah leases, and to prepare for and conduct drilling and production
operations once BLM renders a final decision.” (ECF No. 25-1 at ¶ 10.)
B. Utah
Utah argues that it has regulatory and economic interests in the challenged leases that
entitle its intervention. (ECF No. 38 at 4.) “The State takes part in the issuance of every federal
oil and gas lease within Utah, including those complained about in this case.” (Id. at 5.) The
1
AEC has not engaged in any activity on its leases. (ECF No. 25-1 at ¶¶ 7–8 (explaining that
BLM granted AEC’s application to suspend operations and production on the leases because of
uncertainty of the leases caused by the filing of a different lawsuit); see also BLM Letter dated
Aug. 4, 2023, Ex. B to DeDominic Decl., ECF No. 25-1 at 5–8.)
2
State participates in that process at several points—once the United States prepares
environmental assessments of proposed lease parcels, when the leasing stage progresses to
notification of which parcels BLM will include in the sale, and after the leasing sale concludes—
and the “State … will continue to provide regulatory oversight of all 145 of the oil and gas leases
challenged by [SUWA].” (Id.) Additionally, the “challenged leases represent a substantial
potential revenue source” for Utah, and the leases “offer[] economic benefits to Utahns by
generating employment opportunities and contributing to decreased energy costs.” (Id. at 5–6.)
DISCUSSION
Under Rule 24 of the Federal Rules of Civil Procedure, nonparties may intervene in legal
disputes as a matter of right or permissively. Fed. R. Civ. P. 24(a), (b). Courts “must permit”
intervention as a matter of right if “(1) the application is timely; (2) the applicant[s] claim[] an
interest relating to the property or transaction which is the subject of the action; (3) the
applicant[s’] interest may as a practical matter be impaired or impeded; and (4) the applicant[s’]
interest is [not] adequately represented by existing parties.” Fed. R. Civ. P. 24(a); W. Energy All.
v. Zinke, 877 F.3d 1157, 1164 (10th Cir. 2017) (citation omitted). Alternatively, nonparty
movants may intervene permissively if they “ha[ve] a claim or defense that shares with the main
action a common question of law or fact.” Fed. R. Civ. P. 24(b)(1)(B). “In exercising its
discretion to permit a party to [permissively] intervene, ‘the court must [also] consider whether
… intervention will unduly delay or prejudice the adjudication of the original parties’ rights.’”
Tri-State Generation & Transmission Ass’n, Inc. v. N.M. Pub. Regul. Comm’n, 787 F.3d 1068,
1074 (10th Cir. 2015) (quoting Fed. R. Civ. P. 24(b)(3)). The Tenth Circuit takes a “liberal”
approach to intervention and “favors the granting of motions to intervene.” Zinke, 877 F.3d at
1164 (citation omitted).
3
The court first addresses whether the movants may intervene in this case as a matter of
right.
I.
Timeliness
“The timeliness of a motion to intervene is assessed ‘in light of all the circumstances,
including the length of time since the applicant knew of his interest in the case, prejudice to the
existing parties, prejudice to the applicant, and the existence of any unusual circumstances.’”
Utah Ass’n of Cntys. v. Clinton, 255 F.3d 1246, 1250 (10th Cir. 2001) (quoting Sanguine, Ltd. v.
U.S. Dep’t of Interior, 736 F.2d 1416, 1418 (10th Cir. 1984)). “Federal courts should allow
intervention where no one would be hurt and greater justice could be attained.” Id. (citation
omitted).
The motions to intervene are timely. First, this case is in the early stages of litigation.
SUWA originally filed the case on November 3, 2023. (See Compl., ECF No. 1.) SUWA then
filed an amended complaint on January 5, 2024. (See ECF No. 16.) Only an administrative
appeal scheduling order has been entered in this case. (See Order dated Mar. 21, 2024, ECF No.
36); see also DUCiv-R 7-4(c) (explaining scheduling order requirements in an action seeking
judicial review of a decision from an administrative agency). The parties have not filed
dispositive motions.
Second, AEC and Utah filed their motions to intervene 2 and 3 months after SUWA filed
its amended complaint. (See ECF No. 25 (filed Mar. 8, 2024); ECF No. 38 (filed Apr. 4, 2024).)
See Zinke, 877 F.3d at 1164–65 (finding a timely motion to intervene that was filed “just over
two months after the [plaintiffs] filed the complaint”); see also Clinton, 255 F.3d at 1251
(holding that a motion to intervene filed over 2 years after the complaints were filed was timely
4
because the “the case [was] far from ready for final disposition” and “no prejudice to plaintiffs
flow[ed] from the length of time”).
Furthermore, no existing party has argued that 1) it would be prejudiced if the court
allows the movants to intervene or 2) unusual circumstances support denying intervention. (See
Resps. to Mots. to Intervene, ECF Nos. 37 & 40.)
This factor supports intervention.
II.
Interests in the Subject of the Lawsuit
Next, to intervene as of right, intervenors must have a claimed interest in the matter that
is “direct, substantial, and legally protectable.” Clinton, 255 F.3d at 1251 (citation omitted). “A
protectable interest is one that ‘would be impeded by the disposition of the action.’” Zinke, 877
F.3d at 1165 (quoting San Juan Cnty. v. United States, 503 F.3d 1163, 1203 (10th Cir. 2007) (en
banc), abrogated on other grounds by Hollingsworth v. Perry, 570 U.S. 693 (2013)). Whether an
intervenor has the requisite interest is a highly fact-specific determination. Clinton, 255 F.3d at
1251. “An interest in preventing an economic injury is certainly sufficient for intervention as of
right.” United States v. Albert Inv. Co., Inc., 585 F.3d 1386, 1398 (10th Cir. 2009).
As mentioned above, AEC and Utah assert several interests in the challenged leases.
AEC holds 54 of the 145 leases. (See ECF No. 25-1 at 4.) AEC’s leases are not only related “to
the property or transaction that is the subject of [this] action[,]” WildEarth Guardians v. Nat’l
Park Serv., 604 F.3d 1192, 1198 (10th Cir. 2010), “they are the property at issue here.” (ECF
No. 25 at 11.) This fact alone satisfies AEC’s burden on this factor. But given the substantial
resources AEC has devoted to securing the leases, the court finds that AEC has a clear interest in
“preventing an economic injury.” See Albert Inv. Co., 585 F.3d at 1398.
5
The court finds that Utah also has an interest in preventing economic injury. Not only are
the challenged leases a substantial potential revenue source for the state, but Utah has submitted
evidence showing that the leases offer other economic benefits to Utahns. (See ECF No. 38 at
6.)
Additionally, Utah has demonstrated its regulatory interests in this lawsuit. In its motion,
Utah explained its significant “participat[ion] in the government’s decision-making process at the
administrative level[.]” WildEarth Guardians, 604 F.3d at 1199; (see also ECF No. 38 at 5.) In a
different case, this court granted Utah’s motion to intervene as of right because the state had
asserted an interest in regulating the activity at issue (mining) in its borders and showed it
“provide[d] assistance in the … lease application process [at issue].” See Wildearth Guardians v.
Jewell, No. 2:16-cv-168, 2016 WL 4133533, at *4 (D. Utah Aug. 3, 2016). Similarly, Utah’s
interests in this case include regulating oil and gas leasing within its borders and participating in
the regulatory process for oil and gas leases.
For these reasons, AEC and Utah assert interests sufficient to support intervention of
right.
III.
Impairing or Impeding the Claimed Interests
To satisfy the next requirement of Rule 24(a)(2) of the Federal Rules of Civil Procedure,
intervenors “must have an interest that could be adversely affected by the litigation.” Kane Cnty.
v. United States, 928 F.3d 877, 891 (10th Cir. 2019) (quoting San Juan Cnty., 503 F.3d at 1199).
“This burden is minimal[,]” Clinton, 255 F.3d at 1253 (citation omitted), and may be “contingent
upon the outcome of [ ] litigation[.]” Kane Cnty., 928 F.3d at 891 (quoting San Juan Cnty., 503
F.3d at 1203). In environmental cases, “[t]his factor is met … where the district court’s decision
would require the federal agency to engage in an additional round of administrative planning and
6
decision-making that itself might harm the movants’ interests, even if they could participate in
the subsequent decision-making.” Zinke, 877 F.3d at 1167 (citing WildEarth Guardians, 604
F.3d at 1199).
In this lawsuit, SUWA requests that the court “[d]eclare unlawful and vacate the leasing
decisions and accompanying NEPA analyses and documents at issue” and “[s]et aside and vacate
all 145 leases at issue that were offered, sold, and/or issued at the aforementioned sales.” (See
ECF No. 16 at 59.) Should this occur, the 145 leases at issue could be vacated. “If [SUWA] …
were to succeed in cancelling the leases, AEC’s contractual and property interests would be
destroyed, and its economic interests in developing and producing from these leases would be
impaired.” (ECF No. 25 at 13.) Furthermore, “[s]tate agencies would again need to spend
substantial time and resources to comment and take part in the [leasing decision-making]
process[.] … Overturning the challenged leases and lease sales will also stamp out revenue
sources[.]” (ECF No. 38 at 7.)
The court finds that the movants’ interests may be impaired by this case.
IV.
Adequate Representation
Finally, the movants must show that the presently named parties cannot adequately
represent the movants’ interests. Zinke, 877 F.3d at 1168. This burden is minimal. Id.; see also
Clinton, 255 F.3d at 1254. The Tenth Circuit has held that the government cannot adequately
represent the interests of a private intervenor and the interests of the public. Zinke, 877 F.3d at
1168 (citing WildEarth Guardians v. U.S. Forest Serv., 573 F.3d 992, 996 (10th Cir. 2009)); see
also WildEarth Guardians, 604 F.3d at 1200. Courts do not assume “that the government
agency’s position will ‘stay static or unaffected by unanticipated policy shifts.’” See Zinke, 877
F.3d at 1168 (quoting Clinton, 255 F.3d at 1256). “[T]he government’s representation of the
7
public interest generally cannot be assumed to be identical to the … interest of a particular
member of the public merely because both entities occupy the same posture in the litigation.”
Clinton, 255 F.3d at 1255–56.
The court is persuaded that the Federal Defendants cannot adequately represent the
interests of AEC and Utah. Not only might the interests of AEC, a private intervenor, and the
federal government conflict, but AEC “is better positioned than Federal Defendants to explain
precisely how AEC would be harmed and how its business would be disrupted were [SUWA] …
to prevail.” (ECF No. 25 at 14–15.) The interests of Utah and the federal government also
differ: “The State’s interests in regulating oil and gas operations and protecting State revenue and
employment opportunities differ from the [F]ederal [D]efendants’ interest in defending its NEPA
analysis.” (ECF No. 38 at 7.) Utah also has interests in “the long-term continuation and
promotion of oil and gas leasing in Utah [that] may … not align with the United States’ policy
interests.” (Id. at 7–8.) Furthermore, Utah has special knowledge of the oil and gas leasing
process in Utah and is “narrowly concerned with the interests of Utahns.” (Id. at 8.) Notably,
the Federal Defendants have not taken a position on the motions to intervene, suggesting that
they do not intend to defend the intervenors’ special interests. See Clinton, 255 F.3d at 1256
(“[The federal government’s] silence on any intent to defend the [intervenors’] special interests
is deafening.” (citation omitted)).
The court’s review of the four factors supports granting the movants’ motions to
intervene as of right in this action. Accordingly, the court need not discuss whether the movants
satisfy the requirements of permissive intervention under Rule 24(b) of the Federal Rules of
Civil Procedure.
8
ORDER
For the reasons stated above, the court ORDERS as follows:
1. AEC’s motion to intervene (ECF No. 25) is GRANTED.
2. Utah’s motion to intervene (ECF No. 38) is GRANTED.
DATED this 10th day of May, 2024.
BY THE COURT:
__________________________________________
TENA CAMPBELL
United States District Judge
9
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?