9th Circ. Tosses Federal Defendant Rule In NEPA Cases

Law360, New York (January 14, 2011, 5:48 PM EST) -- The Ninth Circuit on Friday threw out its so-called federal defendant rule, which barred private parties from intervening of right on the government's side in National Environmental Policy Act cases.

Courts need no longer apply the categorical prohibition on nonfederal entities seeking to intervene in claims brought under the National Environmental Policy Act of 1969, eleven judges from the U.S. Court of Appeals for the Ninth Circuit ruled in a precedential opinion.

The decision brings the circuit in line with every sister appellate court except the...
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