COUNTY OF SANTA FE v. PUBLIC SERVICE CO. OF N.M.

No. 01-2096.

311 F.3d 1031 (2002)

COUNTY OF SANTA FE, NEW MEXICO, Plaintiff, v. PUBLIC SERVICE COMPANY OF NEW MEXICO; United States Of America, acting by and through the Department of Interior, Bureau of Land Management, Defendants, and Hacienda del Cerezo, Ltd.; Moss Farms, LLC; Energy Concerned Home Owners; Santa Fe Northwest Advisory Council, on behalf of themselves and The State of New Mexico, Plaintiffs-Intervenors-Appellants, v. Public Service Company of New Mexico; County of Santa Fe; the County of Santa Fe Board of County Commissioners; Richard D. Anaya; Paul Duran; Javier M. Gonzales; Joe S. Grine, Jr.; Mark Trujillo, in their capacity as Commissioners of the County of Santa Fe; The United States Bureau of Land Management, Defendants-Intervenors-Appellees.

United States Court of Appeals, Tenth Circuit.

November 26, 2002.


Attorney(s) appearing for the Case

Bennett Evan Cooper of Steptoe & Johnson LLP, Phoenix, AZ, for Plaintiffs-Intervenors-Appellants.

Kurt Wihl (Thomas C. Bird and Susan M. McCormack with him on the brief), Keleher & McLeod, P.A., Albuquerque, NM, for Defendants-Intervenors-Appellees.

Before LUCERO and MURPHY, Circuit Judges, and ALLEY, Senior District Judge.


LUCERO, Circuit Judge.

Hacienda del Cerezo, Moss Farms, Energy Concerned Homeowners, and Santa Fe Northwest Advisory Council ("intervenors") appeal the dismissal of their complaint in intervention by the district court. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we reverse and remand.

I

This case involves a dispute among the parties stemming from the proposed construction of a powerline...

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