The Sierra Club’s motion to intervene in the Citizens for an Alternate Route (CFAR) lawsuit against Yavapai County has been objected to by CFAR’s Phoenix attorney, Cameron Artigue.

        Earlier this year, CFAR sued Yavapai County in an attempt to force it to build a crossing at Red Rock Crossing. The Grand Canyon Chapter filed a motion to intervene on the side of the County and in opposition to CFAR’s demands.

        On August 12, 1998, Artigue filed a response to this motion to intervene, claiming "The Sierra Club has no legal standing."

        "Just last month," he continued, "the Supreme Court emphasized that a litigant must have a specific, concrete stake in a controversy." Apparently, Artigue believes the Sierra Club does not meet these requirements when it comes to the Red Rock Crossing bridge controversy.

        In a magnanimous gesture, Artigue recommended "The court should allow the Sierra Club to participate as an amicus curiae." This would be the same category of participation which the City of Sedona is expected to seek in support of CFAR’s position.

        On August 28, 1998, a reply defending the Sierra Club’s motion to intervene was filed by Arizona Center for Law in the Public Interest attorney Jennifer Anderson. The Center is representing the Sierra Club in this lawsuit.

        "The problem with participating as an amicus curiae, or ‘friend of the court,’" she explained, "is that the Sierra Club would only be allowed to provide the court with additional information or legal arguments in an attempt to help it make a decision. The Sierra Club could only act in an advisory capacity and the court could ignore its advice if it wished.

        "As an intervenor, however, the Sierra Club would have the right to submit evidence, file motions and appeal any court decision. Our position would be much stronger," she emphasized.

        Citing substantial legal precedent and numerous examples of Sierra Club members’ active involvement and personal interest in the Red Rock Crossing controversy, Anderson concluded, "The Sierra Club clearly meets the test for organizational standing under Arizona law."

        A ruling on the Sierra Club’s motion to intervene will be made by Maricopa County Superior Court Judge Robert D. Myers.

Back to: The Proposal

Back to: Recent Events