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Wade v. Goldschmidt

ELR Citation: 12 ELR 20394
Nos. No. 81-2805, 673 F.2d 182/17 ERC 1609/(7th Cir., 02/01/1982, 03/17/1982)

The court upholds the district court's denial of a motion by supporters of an Illinois highway and bridge construction project to intervene as defendants in a suit to enjoin the project. The plaintiffs alleged that defendants violated the National Environmental Policy Act, the Federal-Aid Highway Act, and other federal statutes imposing essentially procedural duties. The court rules that applicants have failed to satisfy the requirements for intervention of rights under Rule 24(a)(2) of the Federal Rules of Civil Procedure. Applicants, who allege harm to economic, personal, and environmental interests in the event that the agency decision on review is overturned, have no legally protectable interest in the action because it involves solely the question whether defendants have satisfied federal statutory procedural requirements. Since applicants have no interest in the subject matter of the action, they have no interest which could be impaired or impeded, and have no right to assert that their interests are inadequately represented. Similarly, applicants' claims have no question of law or fact in common with the action to satisfy the requirement for permissive intervention pursuant to Rule 24(b)(2).

Counsel for Plaintiffs
Howard Roin
Mayer, Brown & Platt
231 S. LaSalle St., Chicago IL 60604
(312) 782-0600

Counsel for Defendants
Robert Bolger, Ass't U.S. Attorney
219 S. Dearborn St., Rm. 1500S, Chicago IL 60604
(312) 353-5300

Kenneth Anspach
Office of the Attorney General
188 W. Randolph St., Suite 2315, Chicago IL 60601
(312) 793-2491

Before SPRECHER, Circuit Judge, CUDAHY, Circuit Judge,* and ESCHBACH, Circuit Judge.