Archive for the ‘Federal Rules of Civil Procedure’ Category

21 Jan

Out With The “Federal Defendant” Rule, and In With Private Party Intervention!

Posted by Hester Serebrin in Federal Rules of Civil Procedure, NEPA.

On January 14, 2011, the Ninth Circuit issued a decision in Wilderness Society v. U.S. Forest Service that overturned the 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 (NEPA).” The rule – instituted [...]

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