Michael J . McGrady, WSB No.

6-4099
Matthias L. Sayer, WSB No. 7-4677
Wyoming Attorney Generals Office
123 State Capitol
Cheyenne, WY 82002
Telephone: (307) 777-6946
Facsimile: (307) 777-3542
mike.mcgrady@wyo.gov
matthias.sayer@wyo.gov

Attorneys for Proposed Respondent-Intervenor
State of Wyoming




IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF WYOMING

AMERICAN WILD HORSE )
PRESERVATION CAMPAIGN, et al., )
)
Petitioners, )
)
v. ) 14-cv-152-NDF
)
SALLY J EWELL, Secretary )
United States Department of the Interior; )
NEIL KORNZE, Acting Director, )
United States Bureau of Land Management, )
)
Respondents, and )
)
ROCK SPRINGS GRAZING ASSOCIATION, )
a Wyoming Corporation, )
)
Respondent-Intervenor. )


STATE OF WYOMINGS MOTION TO INTERVENE


Case 2:14-cv-00152-NDF Document 26 Filed 08/15/14 Page 1 of 4
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The State of Wyoming hereby moves for leave to intervene as a Respondent in the
above-captioned action as a matter of right under Federal Rule of Civil Procedure
24(a)(2). Alternatively, the State moves to be permitted to intervene as a Respondent
under Federal Rule of Civil Procedure 24(b)(1). The State intends to intervene on all
claims contained in the petition against the United States Forest Service and all federal
Respondents, on all relief requested in the petition, and intends to assert affirmative
defenses to all claims contained in the petition. The State has contemporaneously filed a
legal memorandum in support of this Motion. In addition, under U.S.D.C.L.R. 83.6(b),
the State requests that it not be required to file a response to Petitioners petition at this
time.
In accordance with U.S.D.C.L.R. 7.1(b)(1)(A), undersigned counsel conferred
with counsel for federal Respondents by telephone on August 14, 2014. Counsel for
federal Respondents indicated that the federal Respondents take no position on the States
motion to intervene. On August 14, 2014, counsel for the State also conferred by
telephone with counsel for Respondent-Intervenor Rock Springs Grazing Association,
who explained that their client supports the States motion. On August 13, 2014, counsel
for the State spoke with counsel for Petitioners about the States motion. Petitioners
counsel provided their clients position via email as follows:
Petitioners oppose intervention as of right because they believe any interest
Wyoming has in the Checkerboard lands is adequately represented by the
existing parties. However, in the interest of preventing delay, Petitioners do
not oppose permissive intervention if Wyoming agrees to (1) respond to
Petitioners pending TRO/Preliminary Injunction Motion by August 20th in
accordance with the stipulated schedule, Docket Entry 15, and (2) limit that
brief to 10 pages.
Case 2:14-cv-00152-NDF Document 26 Filed 08/15/14 Page 2 of 4
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Because the Petitioners conditions do not relate to the factors for intervention, the
State asserts that no response to the Petitioners conditional stance is necessary. However,
in the interest of expediting a resolution of the States motion, the State refers the Court
to the portion of its memorandum that explains how private litigants and the federal
government cannot adequately represent the parochial interests of a sovereign state.
Additionally, the State agrees to abide by the schedule proposed in the joint stipulation by
filing its opposition to the Petitioners motion no later than August 20, 2014. The State
will comply with the Courts local rules on brief length and formatting requirements.
WHEREFORE, the State of Wyoming respectfully requests that this Court grant it
leave to intervene as a matter of right pursuant to Federal Rule of Civil Procedure
24(a)(2). In the alternative, the State requests that the Court grant it permission to
intervene pursuant to Federal Rule of Civil Procedure 24(b)(1).
Submitted this 15th day of August, 2014.


FOR PROPOSED RESPONDENT-
INTERVENOR STATE OF WYOMING


By: /s/ Michael J . McGrady
Michael J . McGrady, WSB No. 6-4099
Matthias L. Sayer, WSB No. 7-4677
Wyoming Attorney Generals Office
123 State Capitol
Cheyenne, WY 82002
Telephone: (307) 777-6946
Facsimile: (307) 777-3542
matthias.sayer@wyo.gov
mike.mcgrady@wyo.gov
Case 2:14-cv-00152-NDF Document 26 Filed 08/15/14 Page 3 of 4
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CERTIFICATE OF SERVICE

I certify that on August 15, 2014, I electronically filed the foregoing with the
Clerk of the U.S. District Court of Wyoming using the CM/ECF system, which sent a
Notice of Electronic Filing to counsel of record in this matter.



/s/ Michael J . McGrady
Attorney for Proposed Respondent-
Intervenor State of Wyoming

Case 2:14-cv-00152-NDF Document 26 Filed 08/15/14 Page 4 of 4