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Permissive, FRCP 24(b)

Center for Biological Diversity v. United States Environmental Protection Agency

A district court denied two aviation associations' motions to intervene in a case asking the court to order EPA to use its authority...

United States v. Metropolitan St. Louis Sewer Dist.

The Eighth Circuit affirmed a lower court decision denying a business trade association's motion to intervene in a CWA enforcement action filed against a local sewer district by Missouri and the United States. The complaint alleges that...

Ohio River Valley Envtl. Coalition, Inc. v. Salazar

A district court held that the West Virginia Department of Environmental Protection may intervene in environmental groups' lawsuit challenging the DOI Secretary's approval of two amendments to the state's surface mining regulatory...

Royal Indem. Co. v. United Enters., Inc.

A California appellate court held that a property owner may not intervene in an insurance coverage dispute between an insurance company and the former property owner from which the current owner seeks contribution. The current owner...

State v. Kennecott Corp.

A court denies motions to intervene and set aside a consent decree concerning the cleanup and restoration of contaminated groundwater. The motion to intervene was filed 10 years after the consent decree was entered, there has been...

Environmental Citizen Suits at Thirtysomething: A Celebration and Summit

Preface

In 1970, the U.S. Congress gave citizens the remarkable authority to file federal lawsuits as "private attorneys general" to enforce the Clean Air Act (CAA).1 Congress intended citizen...

Laidlaw (Even Industry Gets the Blues)

adapted from Layla (by Eric Clapton and Jim Gordon)1

What do we do when we get sued now

If the Supremes aren't on our side?

If we can't rely on standing constraints

Do they expect us...

Environmental Litigation After Laidlaw

As law students frequently discover during exams, the law of standing is easy to state but hard to apply. The basic rules are simple and well-settled. Under Article III of the U.S. Constitution, in order to invoke federal jurisdiction,...

Standing in Environmental Citizen Suits: Laidlaw's Clarification of the Injury-in-Fact and Redressability Requirements

In its first week of business during the new millennium, the U.S. Supreme Court decided Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.,1 and provided important clarifications...

Standing and Mootness After Laidlaw

Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.1 may prove to be the most important environmental decision since Chevron, U.S.A., Inc. v. Natural Resources Defense Council...