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Inadequacy of representation

Kane County, Utah v. United States

The Tenth Circuit affirmed a lower court’s denial of environmental groups’ motion to intervene in a county action against the United States to quiet title to several purported rights of way across federal public lands. In...

WildEarth Guardians v. U.S. Forest Serv.

The Tenth Circuit held that the owner of an underground coal mine may intervene in an environmental group's NEPA action concerning the U.S. Forest Service's approval of venting of methane gas from a mine. The lower court denied the...

Natural Resources Defense Council v. Norton

The court grants a local water authority's motion to intervene in a case brought by environmental groups challenging the validity of the U.S. Fish and Wildlife Service's biological opinion concerning the coordinated operation of the...

Georgia v. Corps of Eng'rs

The court reverses a district court judgment denying Florida's and a hydropower company's motions to intervene as defendants in Georgia's lawsuit against the U.S. Army Corps of Engineers (the Corps) to compel the Corps to increase the...

Maine v. Director, U.S. Fish & Wildlife Serv.

The court upholds a district court decision denying environmental groups the right to intervene in a suit concerning the listing of the Atlantic salmon as an endangered species. In 1999, the groups sued the National Marine Fisheries...

Sierra Club v. San Antonio, City of

The court holds that the state of Texas met the requirements for intervention as of right in various capacities in an action where an environmental group brought suit under the Endangered Species Act to enjoin various parties who pump...

Sierra Club v. Glickman

The court grants a farmers' association and the state of Texas intervention as of right under Fed. R. Civ. P. 24(a)(2) in a citizen suit alleging that the U.S. Department of Agriculture's (USDA's) failure to establish water conservation...

Northwest Forest Resource Council v. Glickman

The court affirms a district court order directing the U.S. government to release, under §2001(k)(1) of the Fiscal Year 1995 Emergency Supplemental Appropriations for Disaster Relief and Rescissions Act, all timber sale contracts...

Forest Conservation Council v. U.S. Forest Serv.

The court holds that Arizona and an Arizona county may intervene as of right in the injunctive relief portion of an action alleging that the U.S. Forest Service (Forest Service) violated the National Environmental Policy Act (NEPA) and...

Sierra Club v. Browner

The court holds, without opinion, that members of a utility industry group may intervene as of right under Federal Rule of Civil Procedure 24(a) in a suit to compel the U.S. Environmental Protection Agency to promulgate revised...