ELR Citation: ELR 20139
No(s). 08-1479 (10th Cir. May 12, 2010)

The Tenth Circuit reversed a lower court decision denying a hunting organization's motion to intervene in an action challenging the National Park Service's proposal to reduce the elk population in the Rocky Mountain National Park. The organization demonstrated a sufficient interest in maintaining and furthering the use of hunting and culling at the Rocky Mountain National Park and other national parks for wildlife management and conservation purposes. If the plaintiffs were to prevail on their broad legal contentions, this case could establish a precedent that prohibits hunting on these public lands for the purpose of culling overpopulated wildlife absent specific statutory authorization. Accordingly, the organization demonstrated that it has a substantial interest in the district court proceedings and that its interest might be impaired as a result of the litigation. On remand, the lower court must determine whether the National Park Service can adequately represent the organization's interest.