United States Tenth Circuit

In an action challenging the Forest Service's approval of the venting of methane gas from a mine on the ground that it violated the National Environmental Policy Act, denial of mine owner's motion to intervene is reversed where the owner was entitled to intervene as of right because it had a direct economic stake in the subject of the litigation.

Appellate Information

• Decided 07/24/2009
• Published 07/24/2009

Judges

• HARTZ, Circuit Judge., Before HARTZ, Circuit Judge, BRORBY, Senior Circuit Judge, and TYMKOVICH, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: , Stephen D. Bell, Scott P. Sinor, Dorsey & Whitney, LLP, Denver, CO, Mike Drysdale, Dorsey & Whitney, LLP, Minneapolis, MN, for Movant to Intervene-Appellant, Mountain Coal Company.


• For Appellees:
  
• Edward B. Zukoski, Earthjustice, Denver, CO, for Plaintiff-Appellee, WildEarth Guardians.