Central Utah Project Litigation Documents

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--NJ*. i *1Sj|, SIERRA CLUB LEGAL DEFENSE FUND, INC by Ansel Adams in This is the American Earth JAMES W. MOORMAN Executive Director BARRY A. FISHER JOHN D. HOFFMAN LAURENS H. SILVER Staff Attorneys, San Francisco H. ANTHONY RUCKEL Staff Attorney, Denver February 18, 1974 Mr. Curtis Oberhansly Twelve Exchange Place Salt Lake City, UT 84111 Re: Central Utah Project Litigation Dear Curt: I reviewed the draft motion to intervene which you recently forwarded to me. Although it remains obvious we should not oppose intervention, in view of the numerous self-serving statements and statements of fact concerning issues of the case contained in intervenorsf motion, I think our brief pleading stating no objection to the intervention should note the various statements of fact, identify them as same, challenge them as bearing on facts a^tf issue, and allege that in our oopp:i nion the evidence that will be elicited wi! if not all of them. .11 refute many, In short, a statement consenting to the intervention but noting, "By their consent to the motion to intervene, plaintiffs do not consent to or admit to the validity of factual allegations contained in the motion to intervene which go to facts a^Tissue before this court. Plaintiffs continue to assert the facts and the law as set forth in their complaint, and at proper time they will challenge factual allegations to the contrary contained in intervenors' motion to intervene." At any rate, the above language strikes me as appropriate, if it seems so to you, and I feel it should accompany our consent to their intervention when they finally mal^e it. If you feel it can be improved upon, please do so. if c „ ^ ,.r . „ „ H.I'Anthony "Ruekel HAR/SK Francisco: 3 11 California Street, Suite 311, 94104; Telephone [phone] Denver: 508 Majestic Bldg., 209 16th Street, 80202; Telephone [phone]