In an order issued on October 9, 2015, Judge Michael Hogan denied several environmental groups’ and Senator Lesniak’s motions to intervene with prejudice. The motions were denied on the basis that they lacked standing, were procedurally deficient, and the State adequately represented the interests of the movants.
The ruling represents the second time the Judge has ruled in favor of the Department of Environmental Protection (“DEP”) regarding intervention. Senator Lesniak and several environmental groups had previously filed their motions to intervene prior to the formal approval of the settlement. The Judge ruled against those motions on July 13, 2015. Following Judge Hogan’s formal approval of the settlement on August 25, 2015, Senator Lesniak and the consortium of environmental groups filed additional motions to intervene, which were the basis for today’s ruling.
The full ruling denying the parties’ second attempt to intervene can be found here.