Standing in the Government's Shoes--When Can an Intervenor Appeal a District Court Decision Invalidating a Federal Agency Action?
June 2005
Citation:
35
ELR 10373
Issue
6
Editors' Summary: Environmental controversies tend to involve multiple stakeholders with varied interests, which may lead to third-party intervention. This Article analyzes three alternative responses to the issue of whether and under what circumstances an intervenor can appeal a district court decision invalidating a federal agency action: the doctrine of rulemaking in the administrative state, the doctrine of prosecutorial discretion, and the doctrine of government control of litigation.