Legal Opinion
Wilderness Society v. United States Forest Service
Court of Appeals for the Ninth Circuit
Decided January 14, 2011No. 09-35200PublishedCited by 143 opinions
1Opinion of the Court
OPINION
SILVERMAN, Circuit Judge:
Today we revisit our so-called “federal defendant” rule, which categorically prohibits private parties and state and local governments from intervening of right on the merits of claims brought under the National Environmental Policy Act of 1969 (“NEPA”), 42 U.S.C. § 4321 et seg. Because the rule is at odds with the text of Federal Rule of Civil Procedure 24(a)(2) and the standards we apply in all other intervention of right cases, we abandon it here. When construing motions to intervene of right under Rule 24(a)(2), courts need no longer apply a categorical…
2Cases cited21 opinions
- Donaldson v. United StatesSupreme Court of the United States · 1971
- William E. Nuesse, Commissioner of Banks, State of Wisconsin v. William Camp, Comptroller of the CurrencyCourt of Appeals for the D.C. Circuit · 1967
- Sierra Club v. EspyCourt of Appeals for the Fifth Circuit · 1994
- Sierra Club v. Us Environmental Protection Agency, and City of Phoenix, Intervention-AppellantCourt of Appeals for the Ninth Circuit · 1993
- Sagebrush Rebellion, Inc. v. WattCourt of Appeals for the Ninth Circuit · 1983
16 more not listed; retrieve them via the Exa API.
3Cited by143 opinions
- Barnes v. United States Department of TransportationCourt of Appeals for the Ninth Circuit · 2011
- Smith v. Los Angeles Unified School DistrictCourt of Appeals for the Ninth Circuit · 2016
- Carolyn Callahan v. Brookdale Senior Living Cmty.Court of Appeals for the Ninth Circuit · 2022
- Western Watersheds Project v. Deb HaalandCourt of Appeals for the Ninth Circuit · 2022
- Kevin Cooper v. Gavin NewsomCourt of Appeals for the Ninth Circuit · 2021
138 more not listed; retrieve them via the Exa API.