Citizens for Balanced Use v. Montana Wilderness Ass'n

Three conservation groups, Montana Wilderness Association, Greater Yellowstone Coalition, and The Wilderness Society (collectively, “Applicants”) appeal from the denial of their motion to intervene on the side of the defendants in an action brought by Citizens for Balanced Use (“CBU”) against Mary Erickson, in her official capacity as Supervisor of the Gallatin National Forest, and the United States Forest Service (“Forest Service”). In the underlying action, CBU challenged an interim order issued by the Forest Service in response to an adverse decision in prior litigation brought by Applicants. That interim order, which is the subject of this litigation, restricted motorized and mechanized vehicle use in a section of the Gallatin National Forest. CBU alleged that the challenged interim order violated the Montana Wilderness Study Act of 1977 (“MWSA”) and the Administrative Procedure Act (“APA”) because it unduly restricted the use or possession of snowmobiles, tracked ATVs, and other over-snow vehicles. Because we conclude that Applicants satisfied the four requirements for intervention as of right under Federal Rule of Civil Procedure 24(a), we reverse and remand with…