Vilsack

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 NATIONAL FAMILY FARM Case No. 21-cv-05695-JD COALITION, et al., 8 Plaintiffs, ORDER RE MOTION TO INTERVENE 9 v. Re: Dkt. No. 27 10 TOM VILSACK, et al., 11 Defendants.

13 The motion to intervene filed by the Biotechnology Innovation Organization (BIO) and 14 American Seed Trade Association (ASTA), Dkt. No. 27, is granted under Federal Rule of Civil 15 Procedure 24(b)(1)(B) and the following conditions. 16 The Court detailed the standards of intervention in a similar case. See Natural Grocers v. 17 Perdue, Case No. 20-cv-05151-JD, Dkt. No. 46 (N.D. Cal. June 29, 2021). Under those standards, 18 BIO and ASTA are not entitled to intervene as of right. They share with the government “the 19 same ultimate objective of upholding” the challenged regulation, and the government is acting on 20 behalf of that “common interest” in the litigation. Id. at 1. BIO and ASTA were therefore 21 required to make a “‘very compelling showing’ based on evidence to rebut the presumption of 22 adequacy.” Id. (quoting Oakland Bulk &…