ELR Citation: ELR 20657
No(s). 93-001 (RCL) (D.D.C. Dec 1, 1993)

The court holds that two nonprofit organizations that had filed a motion to intervene as party defendants in a citizen suit challenging U.S. Department of the Interior regulations under the Endangered Species Act (ESA) are not entitled to attorney fees under ESA §11(g)(4), because the proposed intervenors were not "parties." The court notes that the ESA makes no provision for nonparties to collect fees, nor do the proposed intervenors identify any judicial doctrine that permits nonparties to collect fees or costs. Since at the time of dismissal of the action the court had not yet ruled on the motion to intervene, the proposed intervenors did not become parties prior to issuance of judgment. The court's order permitting the proposed intervenors to file memoranda on the issue of attorney fees does not transform them into prejudgment intervenors.

Counsel for Plaintiffs
William Wewer
6302 30th St. NW, Washington DC 20015
(202) 363-9575

Counsel for Defendants
Eric R. Glitzenstein, Katherine A. Meyer
Meyer & Glitzenstein
1601 Connecticut Ave. NW, Ste. 450, Washington DC 20009
(202) 588-5206