Environmental
Feb. 2, 2011
Decades-Old Rule in Environmental Law Overturned
Non-federal parties are given intervention rights in National Environmental Policy Act cases. By Paul S. Weiland of Nossaman.
In a decision issued Jan. 14, in Wilderness Society v. U.S. Forest Service, an en banc panel of the 9th U.S. Circuit Court of Appeals overturned a rule it instituted more than two decades ago precluding non-federal parties from intervening as of right in National Environmental Policy Act (NEPA) cases. The decision has substantial implications for parties that may have an interest in intervening in NEPA cases to defend the conduct ...
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