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U.S. v. COLORADO & EASTERN R. CO.

No. 16-1374.

882 F.3d 1264 (2018)

UNITED STATES of America; State of Colorado, Plaintiffs, v. COLORADO & EASTERN RAILROAD COMPANY, Defendant-Appellee. NDSC Industrial Park, LLC, Intervenor-Appellant, Denver Rock Island Railroad; Union Pacific Railroad Company; Thomas Z. Mars, Intervenors-Appellees.

United States Court of Appeals, Tenth Circuit.

February 23, 2018.

Attorney(s) appearing for the Case

Adam L. Massaro ( Michael D. Plachy with him on the briefs), Lewis Roca Rothgerber Christie LLP, Denver, Colorado, for Intervenor-Appellant.

Kathryn A. Reilly , Wheeler Trigg O'Donnell LLP, Denver, Colorado, Attorney for Union Pacific Railroad ( Stephanie Loughner and Bethany A. Johnson , Moye White LLP, Denver, Colorado, Attorneys for Colorado & Eastern Railroad Co.; and William M. Schell , Opperman & Schell, P.C., Littleton, Colorado, Attorney for Thomas Z. Mars and Denver Rock Island Railroad, with her on the brief), for Defendant/Intervenors-Appellees.

Before MORITZ, KELLY, and MURPHY, Circuit Judges.

I. INTRODUCTION

NDSC Industrial Park, LLC ("NDSC") appeals from an order of the district court dismissing its "Consent Decree Order Motion." The district court dismissed the motion because NDSC lacked standing to enforce the terms of the consent decree. On appeal, NDSC asserts the district court erred in concluding...

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