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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

Author: Paul S. Weiland

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.

Paul Weiland is an associate with Nossaman, Guthner, Knox & Elliott. He received his J.D. from Harvard Law School, a Ph.D. from Indiana University, Bloomington, and a B.A. from the University of Southern California. The views expressed in this Article are those of the author and not necessarily those of any organization with which he is affiliated. The author would like to thank Jody Freeman, Richard Lazarus, and Robert Vos for comments on earlier drafts of this Article.

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