Natural Resources Defense Council v. US Nuclear Reg Comm.
Π suing Δ b/c wants Δ to prepare environmental impact statements before issues licenses to have uranium mills; potential license recipients want to intervene.
H - allowed. "Interest" cannot be too general or abstract. Doesn't have to relate directly to the prob. at hand, but can be affected by the outcome. Must be "significantly protectable". Because Kerr-McGee and American Mining Congress have specific, economic interests at stake, and may have to do statements themselves, they can intervene.
H - allowed. "Interest" cannot be too general or abstract. Doesn't have to relate directly to the prob. at hand, but can be affected by the outcome. Must be "significantly protectable". Because Kerr-McGee and American Mining Congress have specific, economic interests at stake, and may have to do statements themselves, they can intervene.
Tags: Intervention
Source:
Source:
Allard v. Frizzell (cited)
Environmental groups wanted to protect living birds in a case regarding feathers in Indian artifacts.
H- movant's interest is general and abstract, not permitted.
H- movant's interest is general and abstract, not permitted.
Tags: Intervention
Source:
Source:
Cascade Natural Gas v. El Paso Nat'l Gas (notes)
Defining "interest" in intervention.
El Paso acquired Pacific, this violated anti-trust. As court considered divestiture, 3 parties intervened:
1. California, which wanted to restore Pacific as competition for El Paso
2. Southern California Edison, large user of natural gas that had an interest in competition
3. Cascade, who used Pacific as its sole supplier and would have to use its successor after the divestiture.
H - interventions allowed, implied broad interest
El Paso acquired Pacific, this violated anti-trust. As court considered divestiture, 3 parties intervened:
1. California, which wanted to restore Pacific as competition for El Paso
2. Southern California Edison, large user of natural gas that had an interest in competition
3. Cascade, who used Pacific as its sole supplier and would have to use its successor after the divestiture.
H - interventions allowed, implied broad interest
Tags: Intervention
Source:
Source:
Donaldson v. U.S. (notes)
Taxpayer's tax returns investigated. IRS summoned his work records from his employer - he tried to intervene on the resulting enforcement order.
H - not permitted, these records belong to the business and his only interest was to keep them from IRS for tax purposes.
H - not permitted, these records belong to the business and his only interest was to keep them from IRS for tax purposes.
Tags: Intervention
Source:
Source:
Trbovich v. United Mine Workers (notes)
Labor Secretary set aside a union election for violating a statute. Union member permitted to intervene.
Tags: Intervention
Source:
Source:
NOPSI v. United Gas Pipe Line Co. (notes)
Local utility challenged its natural gas supplier for rate increase. New Orleans not allowed to intervene on behalf of itself and rate-paying customers.
H - "the only interest asserted . . . is a purely economic interest" and that isn't enough.
H - "the only interest asserted . . . is a purely economic interest" and that isn't enough.
Tags: Intervention
Source:
Source:
Planned Parenthood v. Citizens for Comm. Action (notes)
PP challenged city ordinance not allowing construction of abortion facilities. Anti-abortion group sought to intervene.
H - allowed b/c they lived near the proposed site, thus their property values were at stake. NOT BASED ON IDEOLOGICAL BELIEFS.
H - allowed b/c they lived near the proposed site, thus their property values were at stake. NOT BASED ON IDEOLOGICAL BELIEFS.
Tags: Intervention
Source:
Source:
Flashcard set info:
Author: stgillian
Main topic: Law
Topic: Civil Law
School / Univ.: Tulane
City: New Orleans, LA
Published: 02.03.2010
Card tags:
All cards (94)
Amend (4)
Answer (4)
Attorney Fees (1)
Class Action (4)
Default (1)
Discovery (8)
Diversity Jdx (2)
Impleader (4)
Interpleader (1)
Intervention (8)
Jdx (12)
JNOV (3)
Joinder (5)
PI (2)
Pleading (19)
Real Parties (1)
Right to Jury (6)
Sanctions (4)
Specificity (11)
Summary Judgment (8)
Topics (2)
TRO (2)
