National Petrochemical & Refiners Association et al v. Goldstene et al
Filing
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STIPULATION AND ORDER GRANTING NATURAL RESOURCES DEFENSE COUNSEL, INC., SIERRA CLUB, AND CONSERVATION LAW FOUNDATION LEAVE TO INTERVENE signed by District Judge Lawrence J. O'Neill on May 4, 2010. (Lira, I)
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1 MARIE L. FIALA (CA Bar No. 79676) SIDLEY AUSTIN LLP 2 555 California Street, Suite 2000 San Francisco, CA 94104-1715 3 Telephone: 415-772-1200 Facsimile: 415-772-7400 4 mfiala@sidley.com 5 Counsel For Plaintiffs 6 [ADDITIONAL PARTIES AND COUNSEL SHOWN ON SIGNATURE PAGE] 7 8 9 10 11 12 NATIONAL PETROCHEMICAL & REFINERS ASSOCIATION, AMERICAN 13 TRUCKING ASSOCIATIONS, THE CENTER FOR NORTH AMERICAN 14 ENERGY SECURITY, and THE CONSUMER ENERGY ALLIANCE, 15 Plaintiffs, 16 v. 17 JAMES GOLDSTENE, in his official 18 capacity as Executive Officer of the California Air Resources Board; MARY D. 19 NICHOLS, DANIEL SPERLING, KEN YEAGER, DORENE D'ADAMO, BARBARA RIORDAN, JOHN R. 20 BALMES, LYDIA H. KENNARD, 21 SANDRA BERG, RON ROBERTS, JOHN G. TELLES, and RONALD O. 22 LOVERIDGE, in their official capacities as members of the California Air Resources 23 Board; ARNOLD SCHWARZENEGGER in his official capacity as Governor of the 24 State of California; and EDMUND G. BROWN, JR. in his official capacity as 25 Attorney General of the State of California, 26 Defendants 27 28
STIPULATION AND [PROPOSED] ORDER REGARDING INTERVENTION; CASE NO. 1:10-CV-00163 LJO DLB
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 1:10-CV-00163 LJO DLB STIPULATION AND ORDER GRANTING NATURAL RESOURCES DEFENSE COUNCIL, INC., SIERRA CLUB, AND CONSERVATION LAW FOUNDATION LEAVE TO INTERVENE
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WHEREAS on February 2, 2010, the National Petrochemical & Refiners Association
2 ("NPRA"), American Trucking Associations ("ATA") and the Center for North American Energy 3 Security ("CNAES") (collectively "Plaintiffs"), filed a Complaint for Declaratory and Injunctive 4 Relief and Jury Demand ("this Action"). (See Docket No. 1.) 5 WHEREAS on March 31, 2010, Natural Resources Defense Council, Inc. ("NRDC"),
6 Sierra Club, and Conservation Law Foundation (collectively the "Applicants") filed their Motion to 7 Intervene in this action, pursuant to Rule 24 of the Federal Rules of Civil Procedure. (See Docket No. 8 24.) 9 WHEREAS on March 31, 2010, Defendants filed their Motion to Dismiss the Complaint
10 in this action, which is scheduled for hearing on May 26, 2010. (See Docket No. 25.) 11 WHEREAS Defendants are agreeable to affording Applicants leave to intervene, under
12 the conditions stated below. 13 14 IT IS HEREBY STIPULATED, by and between Plaintiffs, Defendants, and Applicants,
15 by and through their respective counsel, that: 16 17 18 conditions: 19 20 a. Applicants shall coordinate their positions in this action with Defendants, 1. Applicants may be granted leave to intervene in this action under the following
21 and shall file motions and/or briefs only if the Defendants refuse to make an argument that Applicants 22 consider relevant; and 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER REGARDING INTERVENTION; CASE NO. 1:10-CV-00163 LJO DLB
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b.
Applicants shall not file a separate motion to dismiss the Complaint;
2 however, Applicants may either (i) join in Defendants' reply brief or (ii) file a separate reply brief if 3 Defendants do not file their own reply brief. 4 5 DATED: April 23, 2010 6 7 8 9 10 11 12 13 DATED: April 23, 2010 14 15 16 17 18 19 DATED: April 23, 2010 20 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER REGARDING INTERVENTION; CASE NO. 1:10-CV-00163 LJO DLB
STATE OF CALIFORNIA, DEPARTMENT OF JUSTICE By: /s/ Mark Poole (as authorized on 4/21/2010) Mark Poole, Counsel for Defendants
DATED: April 23, 2010
SIDLEY AUSTIN LLP By: /s/ Marie L. Fiala Maria Fiala Counsel for Plaintiffs NATURAL RESOURCES DEFENSE COUNCIL By: /s/ David Pettit (as authorized on 4/21/2010) David Pettit Counsel for Applicants Natural Resources Defense Council, Inc. and Conservation Law Foundation SIERRA CLUB By: /s/ Pat Gallagher (as authorized on 4/21/2010) Pat Gallagher, Counsel for Applicant Sierra Club
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1 [ADDITIONAL COUNSEL OF RECORD] 2 Roger R. Martella, Jr. (DC Bar No. 976771) Paul J. Zidlicky (DC Bar No. 450196) 3 James W. Coleman (DC Bar No. 986626) 4 Pro Hac Vice SIDLEY AUSTIN LLP 5 1501 K Street, N.W. Washington, D.C. 20005 6 Telephone: 202-736-8000 Facsimile: 202-736-8711 7 rmartella@sidley.com 8 pzidlicky@sidley.com jcoleman@sidley.com 9 10 Counsel for Plaintiffs Kurt E. Blase (DC Bar No. 288779) 11 Blase Law Group 12 879 N. Kentucky St. Arlington, VA 22205 13 Telephone: 703-525-3161 Facsimile: 703-525-3161 14 kurt@blasegroup.com 15 Counsel for Plaintiff Center for 16 North American Energy Security 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER REGARDING INTERVENTION; CASE NO. 1:10-CV-00163 LJO DLB
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ORDER The Court having reviewed the foregoing Stipulation, and good cause appearing therefor: IT IS HEREBY ORDERED that Applicants Natural Resources Defense Council, Inc.,
4 Sierra Club, and Conservation Law Foundation (collectively the "Applicants") are granted leave to 5 intervene in this action under the following conditions: 6 a. Applicants shall coordinate their positions in this action with Defendants, and
7 shall file motions and/or briefs only if the Defendants refuse to make an argument that Applicants 8 consider relevant; and 9 b. Applicants shall not file a separate motion to dismiss the Complaint; however,
10 Applicants may either (i) join in Defendants' reply brief or (ii) file a separate reply brief if Defendants 11 do not file their own reply brief. 12 DATED: May 4, 2010 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 /s/ Lawrence J. O'Neill Honorable Lawrence J. O'Neill U.S. District Judge
STIPULATION AND [PROPOSED] ORDER TO CONTINUE MANDATORY SCHEDULING CONFERENCE; CASE NO. 1:10-CV-00163 LJO DLB
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