Opinion

Assoc. of American Railroads v. Randolph

Court
District Court, E.D. California
Filed
Jan 8, 2024
Cited by
0 cases
Authority
More cited than 18.5%

The opinion

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8 UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

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11 ASSOCIATION OF AMERICAN No. 2:23-cv-01154-DJC-JDP

RAILROADS and AMERICAN SHORT LINE

12 AND REGIONAL RAILROAD

ASSOCIATION,

13 ORDER

Plaintiffs,

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v.

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LIANE M. RANDOLPH, in her official

16 capacity as Chair of the California Air

Resources Board; STEVEN S. CLIFF, in his

17 official capacity as Executive Officer of the

California Air Resources Board; and ROB

18 BONTA, in his official capacity as Attorney

General of the State of California,

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Defendants,

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and

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EAST YARD COMMUNITIES FOR

22 ENVIRONMENTA L JUSTICE, PEOPLE’S

COLLECTIVE FOR ENVIRONMENTAL

23 JUSTICE, and SIERRA CLUB,

24 Proposed Defendant-Intervenors.

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1 Pending before this Court is Proposed Defendant-Intervenors East Yard

2 | Communities for Environmental Justice, People’s Collective for Environmental Justice,

3 | and Sierra Club’s (“Defendant-Intervenors”) Motion to Intervene filed November 6,

4 | 2023. (ECF No. 19.) This Motion is unopposed. (See ECF Nos. 23, 24.)

5 The Court has reviewed the Motion and finds that Defendant-Intervenors satisfy

6 || the Ninth Circuit's four-part test for intervention of right pursuant to Rule 24(a).

7 | Specifically, the Court finds that (1) the Motion is timely filed, (2) Defendant-

8 | Intervenors have significant protectable interests in this litigation, (3) those interests

9 || may be impaired by the disposition of this litigation, and (4) the existing Parties may

10 | not adequately represent those interests. See Fed. R. Civ. P. 24(a); Wilderness Soc’y v.

11 | U.S. Forest Serv., 630 F.3d 1173, 1177 (9th Cir. 2011).

12 Accordingly, IT IS HEREBY ORDERED that Defendant-Intervenors Motion (ECF

13 | No. 19) is GRANTED, subject to the conditions of intervention agreed to by all Parties

14 | and Defendant-Intervenors:

15 Proposed Intervenors may not expand the scope of this

16 action. In particular, Proposed Intervenors may not move for

relief separately from the State Defendants, but Proposed

17 Intervenors are not limited in the arguments they may make

within the scope of this action. Proposed Intervenors may

18 submit their own brief in support of any motion filed by the

19 State Defendants. All filings must be in accordance with this

Court's Standing Order and may not be duplicative.

20 Proposed Intervenors and Plaintiffs agree not to pursue

discovery between themselves.

22 | Defendant-Intervenors proposed Answer (ECF No. 22) is also deemed filed.

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24 IT IS SO ORDERED.

25 | Dated: _ January 5, 2024 “Dinel CoD tto—

26 Hon. Daniel alabretta

UNITED STATES DISTRICT JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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