ELR Citation: 49 ELR 20146
No(s). 19-35564 (9th Cir. Aug 23, 2019)

In an unpublished opinion, the Ninth Circuit reversed the denial of an environmental group's motion to intervene in a lawsuit challenging EPA and the U.S. Army Corps of Engineers' 2015 Clean Water Rule. The court found that the group had a practical interest in the rule and that this interest was not adequately represented by EPA or the industry group that sought to overturn the rule. It therefore reversed and remanded to the district court with instructions to grant the group's motion to intervene as of right.