CENTER FOR BIOLOGICAL DIVERSITY v. PIZARCHIK (Colo. 3-23-2011)

Civil Action No. 11-cv-00243-REB-CBS.United States District Court, D. Colorado.
March 23, 2011

ORDER GRANTING BHP NAVAJO COAL COMPANY’S MOTION TO INTERVENE
CRAIG SHAFFER, Magistrate Judge

THIS MATTER IS before the court on BHP Navajo Coal Company’s (BNCC’s) Motion to Intervene (doc # 12), filed March 21, 2011, through which BNCC seeks to intervene as a party defendant as of right under FED. R. CIV. P. 24(a)(2), or alternatively to intervene as a defendant by permission under FED. R. CIV. P. 24(b)(1)(B). The court has reviewed the motion and the entire case file, and finds that the court would have reached the same conclusion under either FED. R. CIV. P. 24(a)(2) or FED. R. CIV. P. 24(b)(1)(B) and that BNCC’s intervention will not unduly delay or prejudice the adjudication of the original parties’ rights. Accordingly:

IT IS HEREBY ORDERED that the instant motion is GRANTED, and BHP Navajo Coal Company is permitted to intervene with full status as a party defendant. The Clerk of the Court shall amend the caption in this action to reflect the same. IT IS FURTHER ORDERED that BHP Navajo Coal

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Company’s Answer to Plaintiffs’ Amended Complaint for Review of Federal Agency Action (doc # 12-2), tendered to the court on March 21, 2011, is accepted for filing as of the date of this order.