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Southeast Alaska Conservation Council, Inc. v. Watson

ELR Citation: 13 ELR 20237
Nos. No. 82-3278, 701 F.2d 186/18 ERC 1792/(9th Cir., 01/31/1983) Intervention granted

The court rules that two fishing associations may intervene as of right under FED. R. CIV. P. 24(a)(2) in an environmental group's suit challenging the United States Forest Service's failure to prepare an environmental impact statement for mining activities in Misty Fjords National Monument, Alaska. The court first rules that two appellants meet the first of three prongs of the 24(a)(2) test: timeliness, interest, and jeopardy. Regarding the fourth prong, adequacy of representation, the court rules that plaintiff, an environmental coalition, would not adequately represent appellants' economic interests. The court denies the appeal of a third appellant who was not named in the district court's denial of the motion to intervene.

[Related decisions are reported at 12 ELR 20187, 20188, 20658, 20924, and 13 ELR 20233 — Ed.]

Counsel are listed at 13 ELR 20233.

Before Pregerson, Alarcon, and Nelson, JJ.