OREGON CATTLEMEN ASSOCIATION v. << (2019)

MEMORANDUM **

Columbia Riverkeeper appeals from the district court's order denying its motion to intervene under Federal Rule of Civil Procedure 24. We have jurisdiction under 28 U.S.C. § 1291 and we review de novo the district court's decision to deny intervention as of right. See Citizens for Balanced Use v. Mont. Wilderness Ass'n, 647 F.3d 893, 896 (9th Cir. 2011). We reverse and remand.

Columbia Riverkeeper has a practical interest in the 2015 agency rule challenged in this action. That practical interest is not adequately represented by the Oregon Cattlemen's Association or the United States Environmental Protection Agency and may be impaired by the disposition of this action. See, e.g., United States v. Alisal Water Corp., 370 F.3d 915, 919-21 (9th Cir. 2004) (discussing the test for determining intervention as of right). We therefore reverse and remand with instructions to grant Columbia Riverkeeper's motion to intervene as of right.¹

REVERSED and REMANDED with instructions.

FOOTNOTES

1.   We need not and do not reach Columbia Riverkeeper's arguments regarding permissive intervention.