Delgado

Center for Biological Diversity v. Delgado

Good Law
61 F. App'x 381
United States Court of Appeals for the Ninth CircuitApril 4, 2003No. 02-15865; D.C. No. CV-01-4835 PJHCalifornia327 words

Opinion

Lead Opinion

MEMORANDUM **

Brown Investment (“Brown”) appeals the district court’s denial of its motion to intervene as of right under Fed.R.Civ.P. 24(a)(2) in an action brought by several environmental groups against the United States Forest Service, challenging the Forest Service’s actions related to the North Fork of the Eel River, located in California’s Six Rivers National Forest. We dismiss for lack of appellate jurisdiction.

An order denying a motion to intervene as of right is appealable only if the order prevents the potential intervenor from becoming a party in any respect. Stringfellow v. Concerned Neighbors in Action, 480 U.S. 370, 375-76 , 107 S.Ct. 1177 , 94 L.Ed.2d 389 (1987). In this case, the district court denied intervention at the liability phase but stated that “[wjith regard to Brown’s right to intervene in the remedial phase of the case, the court denies the motion, but will grant Brown leave to revisit the issue.” In Churchill County v. Babbitt, 150 F.3d 1072, 1082 , amended by 158 F.3d 491 (9th Cir.1998), we held that a party can obtain effective review of its claims even if the party is permitted to intervene at the remedy phase only. The order in this case denies…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.