ELR Citation: ELR 20909
No(s). 84-2869 (9th Cir. Jun 17, 1986)

The court upholds the district court's decision to deny the Incline Village General Improvement District (IVGID), a public district, intervention in a suit by California challenging the adequacy of a plan by the Tahoe Regional Planning Agency (TRPA) to reduce land erosion and lake sediment in Lake Tahoe under the California-Nevada Tahoe Regional Planning Compact. The court first holds that IVGID is not entitled to intervention as a matter of right under Federal Rule of Civil Procedure (FRCP) 24(a)(2) because its interests, financial hardship to landowners affected by TRPA's plan, are adequately represented by existing parties to the action. Although IVGID alleges that the existing intervenors, consisting of a sanitation agency, a landowners' group, and the state of Nevada, will not adequately represent the financial hardship to a special public district such as itself, the cumulative impact of the other parties' presence will result in IVGID's interests being adequately represented. The court then denies permissive intervention under FRCP 24(b)(2) because IVGID's intervention would be redundant and would impair the efficiency of the litigation.

[A related case appears at 16 ELR 20905.]

Counsel are listed at 16 ELR 20905.

Before SCHROEDER, CANBY, and BOOCHEVER, Circuit Judges.