Evans

Earth Island Institute v. Evans

Good Law
136 F. App'x 34
United States Court of Appeals for the Ninth CircuitMay 26, 200503-16128California525 words

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.

Even…

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.