Court to Weigh Private Interests' Intervention in NEPA Disputes

A federal appeals court will consider next week whether to abandon a legal rule that makes it difficult for private interests to intervene in environmental disputes in the Western states. Industry and recreational groups are pushing hard for the change, while environmentalists are largely staying silent. At issue is the San Francisco-based 9th U.S. Circuit Court of Appeals' "federal defendant rule," which prevents anyone other than the federal government from defending claims under the National Environmental Policy Act (NEPA), the main legal mechanism for challenging government actions that affect the environment. The argument in Wilderness Society v. U.S. Forest Service in Pasadena on Monday will be before an en banc panel of 11 judges, rather than the usual three-judge panel, because the court is considering whether to overturn one of its precedents. The rule, unique to the 9th Circuit, irks business and recreational interests in particular. They feel their voices are not always heard when environmental groups file suit...more