United States v. State of Michigan, No. 22-1946 (6th Cir. 2023)Annotate this Case
After extensive litigation, the United States, Michigan, and five federally recognized tribes entered the Great Lakes Consent Decree of 1985, governing the regulation of Great Lakes fisheries. The subsequent Consent Decree of 2000 had a 20-year term. The district court extended that Decree indefinitely “until all objections to a proposed successor decree have been adjudicated” and granted amicus status to the Coalition, which represents numerous private “sport fishing, boating, and conservancy groups” interested in protecting the Great Lakes. The Coalition has represented its own interests during negotiation sessions.
As the parties were concluding their negotiations on a new decree the Coalition moved to intervene, stating that Michigan is no longer “willing or able to adequately represent the Coalition’s interests” and intends to abandon key provisions of the 2000 Decree that promote biological conservation and diversity, allocate fishery resources between sovereigns, and establish commercial and recreational fishing zones. The district court denied the Coalition’s most recent motion to intervene. The Sixth Circuit affirmed. In finding the motion untimely, the district court properly considered “all relevant circumstances” including the stage of the proceedings; the purpose for the intervention; the length of time that the movant knew or should have known of its interest in the case; the prejudice to the original parties; and any unusual circumstances militating for or against intervention.