Denial of Motion to Intervene Reversed

In The Wilderness Society v. US Forest Serv., No. 09-35200, an appeal from the denial of a motion to intervene, the court reversed where, when construing motions to intervene of right under Fed. R. Civ. P. 24(a)(2), courts need no longer apply a categorical prohibition on intervention on the merits, or liability phase, of National Environmental Policy Act (NEPA) actions, and to determine whether a putative intervenor demonstrates the “significantly protectable” interest necessary for intervention of right in a NEPA action, the operative inquiry should be, as in all cases, whether “the interest is protectable under some law,” and whether “there is a relationship between the legally protected interest and the claims at issue.”

 

Related Resources

  • Read the Ninth Circuit’s Decision in The Wilderness Society v. US Forest Serv., No. 09-35200

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