ELR Citation: ELR 20888
No(s). 93-5150 (5th Cir. Mar 31, 1994)

The court holds that two trade associations representing most of the purchasers of timber from national forests in Texas are entitled under Federal Rule of Civil Procedure 24(a) to intervene as of right in an environmental group's suit challenging the U.S. Forest Service's plan for four national forests in Texas. The court first holds that the motion to intervene was timely. The trade associations moved for intervention within three weeks after the Forest Service announced that it would apply a district court injunction against even-aged timber management to all timber sales, alerting thetrade associations that the Forest Service would not protect their interests. No prejudice to the existing parties resulted from the delay in seeking intervention. And the trade associations would suffer prejudice if leave to intervene were denied. Also, no unusual circumstances exist militating either for or against a determination that the application is timely.

The court next holds that the trade associations have a sufficient interest in the subject matter of the action to satisfy Rule 24, because their member companies have legally protectable property interests in existing timber contracts threatened by the potential bar to even-aged management. Finally, the court holds that an adverse resolution of the action would impair the trade associations' ability to protect their interest and the Forest Service's decision to apply the district court injunction to all future timber sales demonstrates that the government's representation of the trade associations' interest is inadequate.

[The district court decision granting the preliminary injunction is published at 24 ELR 20051.]

Counsel for Plaintiffs
Douglas L. Honnold
Sierra Club Legal Defense Fund
1631 Glenarm Pl., Ste. 300, Denver CO 80202
(303) 623-9466

Counsel for Defendants
Ruth H. Yeager, Ass't U.S. Attorney
U.S. Attorney's Office
110 N. College St., Ste. 700, Tyler TX 75702
(903) 597-8146

Before GARWOOD, SMITH, and DeMOSS, Circuit Judges.