ELR Citation: ELR 20118
No(s). 06-15596 (9th Cir. May 20, 2008)

The Ninth Circuit vacated in part, reversed in part, and remanded a lower court decision denying environmental groups' request to intervene in a Quiet Title Act action concerning a county's use of a road on U.S. Forest Service land in Nevada. The groups are entitled to intervene because they have the requisite interest in seeing that the wilderness area is preserved for the use and enjoyment of their members. Because the groups were not permitted to participate in the settlement review proceedings between the county and the United States, the approval of the settlement must be vacated. In addition, the groups' claims that the U.S. Attorney General circumvented federal law by entering into the settlement agreement with the county is reviewable under the Administrative Procedure Act. The district court’s dismissal of those claims, therefore, was reversed and remanded.

[A prior decision in this litigation can be found at 33 ELR 20017.]