United States Ninth Circuit

In an appeal from the denial of a motion to intervene, the order is 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."

Appellate Information

• Decided 01/14/2011
• Published 01/14/2011

Judges

• Barry G. Silverman

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Paul A. Turcke, David A. Bahr