                         Environmental Court of Vermont
                                State of Vermont
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                   E N T R Y R E G A R D I N G M O T I O N
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Champlain Marina Dock Expansion                  Docket No. 28-2-09 Vtec
Project: Expansion of water-borne docks, to accommodate 16 more large boats
Applicant:   Champlain Marina, Inc.
         (Appeal from DEC determination on lake waters encroachment

Title: Motion to Intervene, (Filing No. 11)

Filed:      March 23, 2010
Filed By: David K. Mears, Attorney for: Petitioner to Intervene, Vermont
          Natural Resources Council
Response in Opposition filed on 03/30/10 by Champlain Marina, Inc.
Response in Opposition filed on 04/12/10 by Agency of Natural Resources
Reply filed on 04/13/10 by Petitioner VNRC
Reply filed on 04/16/10 by Appellant Thomas A. Battey
Reply filed on 04/23/10 by ANR

_X_ Granted               ___ Denied                    ___ Other

      The Vermont Natural Resources Counsel (“VNRC”) is an established state-
wide non-profit organization that has established interests in protecting
environmental resources and the public trust protections for those resources,
especially in relation to the public waters of Lake Champlain. It has sought
to intervene in this proceeding as an amicus curiae, has pledged to call no
additional witnesses, and has assured that its involvement will not delay the
merits hearing, which has already been scheduled to commence on June 17, 2010.
      As all parties have noted, this Court has discretion to allow
intervention by an amicus party pursuant to V.R.C.P. 24.    VNRC also properly
noted that this Court is entrusted with a similar discretion under the
Appellate Rules, which are made applicable under V.R.E.C.P. 5(a)(2).        See
V.R.A.P. 29. We conclude that the proper exercise of this Court’s discretion is
to allow VNRC to participate as an amicus curiae, based upon the
representations made on behalf of VNRC.



___________________________________________      ___May 19, 2010___
      Thomas S. Durkin, Judge                          Date
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Date copies sent to: ____________               Clerk's Initials _______
Copies sent to:
    Stephen A. Reynes, Attorney for Appellants
    Craig Weatherly, Attorney for Cross Appellant Champlain Marina, Inc.
    Cielo Marie Mendoza, Attorney for the Vermont Agency of Natural Resources
    David K. Mears, Attorney for Petitioner to Intervene, VNRC
    Jon Groveman, Esq., co-counsel for VNRC
    John H. Hasen, Attorney for Vt. Natural Resources Board (FYI purposes only)
