UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLUMBIA
GALE BLACK,
et al
., ) Civil Action No. 11-1928 (JEB))Plaintiffs, ))
MOTION
v. )
OF
FRIENDS OF THE EARTH, INC.
)
AND SIERRA CLUB
)
TO INTERVENE AS DEFENDANTS
RAY LAHOOD,
et al
., ))Defendants. ))
Pursuant to Federal Rules of Civil Procedure 24(a), (b), (c), and Local Rule 7(j) of thisCourt, Friends of the Earth, Inc. and Sierra Club (collectively, “Movants”) hereby move thisCourt for leave to intervene in this proceeding as defendants. Movants seek intervention as of right under Rule 24(a)(2), or, in the alternative, permissive intervention under Rule 24(b)(1). Insupport of this motion, Movants submit the accompanying Memorandum of Points andAuthorities, attached Exhibits, and Proposed Order, as well as a proposed Motion to Dismiss andProposed Order pursuant to Rule 24(c).Movants have conferred with the parties and counsel for the parties. Government counselhave indicated to Counsel for Movants that Defendants, including all Federal and Districtagencies and officials sued by Plaintiffs, take no position on Movants’ intervention at this time.Plaintiffs, who are pro se, are not unified as to whether they intend to oppose this motion.Pursuant to the procedure set forth in Rule 24(c), Movants state the following as groundsfor this Motion to Intervene:
Case 1:11-cv-01928-JEB Document 14 Filed 03/06/12 Page 1 of 26
21. This action is a challenge by five individual residents of the District of Columbia(collectively, “Plaintiffs”) to the environmental review by the District of Columbia Departmentof Transportation and the Federal Highway Administration of the Klingle Valley Trail Project(“Project”). The Project is designed to restore safe access to Klingle Valley Park, an importantpart of Rock Creek Park, in an environmentally beneficial way—by establishment of a pedestrianand bike trail and accompanying remediation of existing water pollution problems. Movants areleading environmental organizations that have worked for many years to achieve such anoutcome. Movants have participated at each significant stage in the process that ultimatelyresulted in the authorization for the Project and have testified multiple times in public sessionsbefore the agencies and the D.C. Council and filed extensive comments regarding the goal of restoration of Klingle Valley Park.2. Movants satisfy each requirement for intervention of right, pursuant to Federal Rule of Civil Procedure 24(a): this motion is timely; Movants claim an interest in the subject of thisaction; they are so situated that the disposition of the action may, as a practical matter, impair orimpede their ability to protect that interest; and their interests may not be adequately representedby parties to the case.3. Movants also satisfy the prerequisites for permissive intervention, pursuant to FederalRule of Civil Procedure 24(b), because their defense and the main action share commonquestions of law and fact, and their intervention will not delay or prejudice the adjudication of any rights or defenses of the Parties.Based on the grounds asserted in this Motion to Intervene and in the supportingMemorandum of Points and Authorities, Movants ask this Court to grant them intervention as of
Case 1:11-cv-01928-JEB Document 14 Filed 03/06/12 Page 2 of 26
3right pursuant to Federal Rule of Civil Procedure 24(a) or, in the alternative, to grant permissiveintervention pursuant to Rule 24(b).Dated: March 6, 2012 Respectfully submitted, /s/ James B. DoughertyJames B. Dougherty (Bar No. 939538)Law Office of J.B. Dougherty709 Third Street, SWWashington, DC 20024Tel: (202) 488-1140Fax: (202) 484-1789 jimdougherty@aol.com
Attorney for Proposed Defendant-Intervenor SIERRA CLUB
/s/ David T. BuenteDavid T. Buente, Jr. (Bar No. 429503)Peter R. Steenland (Bar No. 79236)Ragu-Jara “Juge” Gregg (Bar No. 495645)SIDLEY AUSTIN LLP1501 K Street, N.W.Washington, D.C. 20005(202) 736-8000(202) 736-8711 (fax)dbuente@sidley.compsteenland@sidley.comrjgregg@sidley.comAND /s/ Frances A. DubrowskiFrances A. Dubrowski (Bar No. 305391)Law Office of Frances A. Dubrowski3215 Klingle Rd., NWWashington, DC 20008Tel: 202-295-9009Fax: 202-342-0340dubrowski@aol.com
Attorneys for Proposed Defendant-Intervenor FRIENDS OF THE EARTH, INC.
Case 1:11-cv-01928-JEB Document 14 Filed 03/06/12 Page 3 of 26
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