San Juan County, Utah v. United States

McCONNELL, Circuit Judge, joined by TACHA, Chief Judge, and PORFILIO, PAUL J. KELLY, JR., O’BRIEN, and HOLMES, Circuit Judges,

concurring in the judgment.

I share the majority’s ultimate conclusion that the district court correctly denied SUWA’s motion to intervene, but do not agree with its reasoning.

I. SUWA LACKS THE LEGAL INTEREST NECESSARY TO INTERVENE UNDER RULE 24(A)

The proposed intervenors unquestionably have the interest and expertise to contribute meaningfully to judicial deliberations in this case. The issue, though, is whether they have legal interests relating to the litigation such…