ELR Citation: 42 ELR 20200
No(s). 2011-5113 (Fed. Cir. Sep 21, 2012)

The Federal Circuit affirmed a lower court decision denying an environmental group's motion to intervene in a takings suit filed by property owners claiming that the government's releases of water from a dam in central California unlawfully impaired their property rights in the water and inundated their land. But the government and the group have precisely the same motivation, which is to see the property owners' claim fail. In addition, the groups have not shown anything that it would add in defense of the suit beyond what the government will offer. Nor has it demonstrated that its participation could add some material aspect to the case beyond what is already present. As such, the group's interests are sufficiently aligned with the government’s as to create no foundation for intervention.