Evans
Earth Island Institute v. Evans
Opinion
Lead Opinion
MEMORANDUM **
Camara Nacional de las Industrias Pesquera y Acuicola (“CANAINPESCA”) and Asociación Venezolana de Armadores Atuneros (“AVATUN”) (collectively, “the fishing associations”), associations of Mexican and Venezuelan tuna fishermen, respectively, appeal an interlocutory order denying their motion to intervene in a suit by Earth Island Institute challenging the final finding by the Secretary of Commerce under the Dolphin Protection Consumer Information Act (“DPCIA”), 16 U.S.C. § 1385 , regarding the effects of purse seine net tuna fishing on dolphins.
The fishing associations seek intervention as of right under Rule 24(a)(2) of the Federal Rules of Civil Procedure, which requires that: (1) the application be timely; (2) the applicant have a significantly protectable interest relating to the transaction; (3) the applicant be situated such that the disposition of the action may impair or impede the applicant’s ability to protect that interest; and (4) the interest *36 not be adequately represented by the existing parties. League of United Latin Am. Citizens v. Wilson, 131 F.3d 1297 , 1302 (9th Cir.1997). At issue in this appeal are the second and fourth requirements.