Everybody Files Motion to Intervene on The Steens

Wednesday, January 09, 2019 5:50 am
January 2019 - Volume 47 Number 1

Oregon Natural Desert Ass’n. v. Shuford, No. 06-242-AA, 2006 U.S. Dist. Lexis 64452, (D. Or., Sept. 8, 2006)

The county, private landowners, and Native Americans all wanted a piece of the action when the Oregon Natural Desert Association (ONDA) filed suit against the U.S. Bureau of Land Management (BLM) over the management of Steens Mountain. Each party filed a motion to intervene in the action alleging BLM violated the National Environmental Protection Act (NEPA) among a host of other acts actionable under the Administrative Procedures Act.

The court weighed each party’s motion to intervene under Fed. R. Civ. P. 24(a), (b), which requires applicants to satisfy the following four-part test:

  1. File a timely motion;
  2. Claim an interest in the transaction subject to the action;
  3. Demonstrate that an impediment to protecting said interest will result absent intervent[..]