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Alameda Water & Sanitation Dist. v. Environmental Defense Fund

ELR Citation: 24 ELR 20172
Nos. No. 93-1032, 9 F.3d 88/(10th Cir., 11/09/1993)

The court holds that environmental groups may not intervene in a district court's review of the U.S. Environmental Protection Agency's (EPA's or the Agency's) veto of a dredge and fill permit issued by the U.S. Army Corps of Engineers that would have allowed construction of the Two Forks Dam in Colorado. Applying a de novo standard of review to the groups' motion to intervene as of right pursuant to Federal Rules of Civil Procedure 24(a)(2), the court holds that the groups do not have a legally protectable interest in the case. The groups seek to offer additional reasons for upholding EPA's denial of the permit, but the district court may not uphold the action on grounds not relied on by the Agency. Because the plaintiffs seek to interject new issues into the lawsuit, their interest is not protectable.

Counsel for Plaintiffs
Mark T. Pifher
Anderson, Johnson & Gianuzio
104 S. Cascade Ave., Ste. 204, Colorado Springs CO 80903
(719) 632-3545

Counsel for Defendants
Melinda Kassen
Environmental Defense Fund
1405 Arapahoe Ave., Boulder CO 80302
(303) 440-4901

Before Seth and Barrett, McKay JJ.