`
`WAYNE G. PETTY (Utah Bar No. 2596)
`WAYNE G. PETTY LAW, PLLC
`8 East Broadway, Suite 540
`Salt Lake City, Utah 84111
`(801) 521-0250
`wayne@pettylegal.com
`
`
`
`Lori Potter (Pro Hac Vice Pending)
`Nathaniel H. Hunt (Pro Hac Vice Pending)
`Sarah C. Judkins (Pro Hac Vice Pending)
`William C. Mumby (Pro Hac Vice Pending)
`Brandon M. Rattiner (Pro Hac Vice Pending)
`Timothy A. Roth (Pro Hac Vice Pending)
`
`KAPLAN KIRSCH & ROCKWELL, LLP
`1675 Broadway, Suite 2300
`Denver, CO 80202
`(303) 825-7008
`lpotter@kaplankirsch.com
`nhunt@kaplankirsch.com
`sjudkins@kaplankirsch.com
`wmumby@kaplankirsch.com
`brattiner@kaplankirsch.com
`troth@kaplankirsch.com
`
`Attorneys for Proposed Intervenor-Defendants American Anthropological Association,
`Archaeological Institute of America, and Society for American Archaeology
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF UTAH
`
`
`GARFIELD COUNTY, UTAH, et al.,
`Plaintiffs,
`ZEBEDIAH GEORGE DALTON, et al.,
`Consolidated Plaintiffs,
`
`v.
`JOSEPH R. BIDEN, JR., et al.,
`Defendants,
`
`HOPI TRIBE, et al.,
`
`Tribal Nation Intervenors.
`
`
`
`
`
`
`
`
`
`ARCHAEOLOGICAL INTERVENORS’
`REPLY IN SUPPORT OF OBJECTION
`TO ORDER DENYING MOTIONS TO
`INTERVENE PURSUANT TO FED. R.
`CIV. PRO. 72
`
`Case No. 4:22-cv-0059-DN (lead case)
`Case No. 4:22-cv-00060-DN-PK
`
`District Judge David Nuffer
`Magistrate Judge Paul Kohler
`
`1
`
`
`
`
`Case 4:22-cv-00059-DN-PK Document 174 Filed 06/27/23 PageID.7666 Page 2 of 5
`
`American Anthropological Association, Archaeological Institute of America, and Society
`
`for American Archaeology (“Archaeological Intervenors”) file this reply in support of their
`
`Objection to Order Denying Motions to Intervene Pursuant to Fed. R. Civ. Pro. 72, ECF No. 148.
`
`Archaeological Intervenors adopt by reference the arguments contained in Sections I, III,
`
`and V in GSEP Intervenors’ Reply in Support of Objection to Magistrate Judge’s Order, 173.
`
`Moreover, Archaeological Intervenors have distinct interests that no existing party or movant
`
`adequately represents. Archaeological Intervenors, for example, have professional interests in
`
`ensuring that archaeological best practices guide the interpretation and application of the
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`Antiquities Act—a law Archaeological Intervenors were instrumental in enacting. Archaeological
`
`Intervenors also have financial interests in maintaining research grants tied to the status of the land
`
`as national monuments. These unique interests are described more fully in Archaeological
`
`Intervenors’ Motion to Intervene,1 Reply to Garfield County Plaintiffs’ and Federal Defendants’
`
`Briefs in Opposition to Intervention,2 and Objection to Order Denying Motions to Intervene.3
`
`Archaeological Intervenors respectfully request that the Court reject, in part, the Order
`
`denying intervention to Archaeological Intervenors and grant them intervention as of right, or in
`
`the alternative, permissive intervention.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1 See ECF No. 34 at 6-7, 9-11.
`2 See ECF No. 81 at 2-5.
`3 See ECF No. 148 at 1-2, 4-8.
`
`
`
`
`
`
`
`
`
`
`
`
`
`2
`
`
`
`
`Case 4:22-cv-00059-DN-PK Document 174 Filed 06/27/23 PageID.7667 Page 3 of 5
`
`Dated: June 27, 2023
`
`
`
`
`
`
`
`Respectfully Submitted,
`
`s/ Wayne G. Petty
`WAYNE G. PETTY (Utah Bar No. 2596)
`WAYNE G. PETTY LAW, PLLC
`8 East Broadway, Suite 540
`Salt Lake City, Utah 84111
`(801) 521-0250
`wayne@pettylegal.com
`
`Lori Potter (Pro Hac Vice Pending)
`Nathaniel H. Hunt (Pro Hac Vice Pending)
`Sarah C. Judkins (Pro Hac Vice Pending)
`William C. Mumby (Pro Hac Vice Pending)
`Brandon M. Rattiner (Pro Hac Vice Pending)
`Timothy A. Roth (Pro Hac Vice Pending)
`
`KAPLAN KIRSCH & ROCKWELL, LLP
`1675 Broadway, Suite 2300
`
`Denver, CO 80202
`
`(303) 825-7008
`
`lpotter@kaplankirsch.com
`nhunt@kaplankirsch.com
`sjudkins@kaplankirsch.com
`wmumby@kaplankirsch.com
`brattiner@kaplankirsch.com
`troth@kaplankirsch.com
`
`Attorneys for Proposed Intervenor-Defendants
`American Anthropological Association,
`Archaeological Institute of America, and
`Society for American Archaeology
`
`
`
`
`
`
`3
`
`
`
`
`Case 4:22-cv-00059-DN-PK Document 174 Filed 06/27/23 PageID.7668 Page 4 of 5
`
`CERTIFICATE OF COMPLIANCE
`
`this ARCHAEOLOGICAL PROPOSED INTERVENORS’
`I, Wayne G. Petty, certify
`OBJECTION TO ORDER DENYING MOTIONS TO INTERVENE PURSUANT TO FED. R.
`CIV. PRO. 72 contains 213 words and complies with DUCivR 7-1(a)(4)(D).
`
`June 27, 2023
`
`
` /s/ Wayne G. Petty
`
`
`
`
`
`
`
`
`
`
`4
`
`
`
`
`Case 4:22-cv-00059-DN-PK Document 174 Filed 06/27/23 PageID.7669 Page 5 of 5
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on June 27, 2023, I caused the foregoing document to be filed with the
`
`Clerk of Court using the Court’s CM/ECF system, and service was thereby effected electronically
`to all counsel of record.
`
`June 27, 2023
`
`
`
`
` /s/ Wayne G. Petty
`
`
`
`
`
`
`
`
`
`
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