Sierra Club’s Motion to Intervene in Red Rock Crossing Lawsuit Denied

        The Sierra Club’s Motion to Intervene in the Citizens for an Alternate Route lawsuit to force Yavapai County to build a crossing at Red Rock Crossing has been denied by Maricopa County Superior Court Judge Robert D. Myers.

        In his September 29, 1998 ruling, Myers concluded, "The Sierra Club’s Motion to Intervene is denied at this time because the Sierra Club lacks standing."

        Myers stated the Sierra Club couldn’t demonstrate "a distinct and palpable injury" necessary to qualify for legal standing in the case. He said the Sierra Club’s "generalized harm" was not sufficient to allow it to intervene.

        "The Sierra Club is disappointed and disagrees with Judge Myer’s opinion," said Jennifer B. Anderson, Arizona Center for Law in the Public Interest attorney representing the Sierra Club.

        "We believe the Sierra Club and its members do have legal standing in the fight to protect and preserve Red Rock Crossing and should be allowed to intervene in this lawsuit," she explained, "and we are currently evaluating our options, including a possible appeal of the court’s ruling."

        Judge Myers will allow the Sierra Club to continue participating in the case as an amicus curiae (friend of the court). This category of involvement is more limited than that of an intervenor. While the Sierra Club can continue to provide the court with additional information and legal arguments, it will not have the right to submit evidence, file motions or appeal any court decisions.

        Myers did leave the door open for a possible reconsideration of his ruling to deny standing. At the end of his decision, he stated the Sierra Club may submit another Motion to Intervene, at a later date, if its interests are not being adequately protected by Yavapai County.