Groups applaud ruling on environmental lawsuits

The Ninth Circuit Court of Appeals today, Jan. 14, 2011, abandoned the ‘None but a Federal Defendant’ rule that for more than 20 years has prevented anyone but a federal agency from defending cases brought under the Administrative Procedures Act that allege violations of the National Environmental Protection Act and other environmental laws. Public Lands Council Executive Director and National Cattlemen’s Beef Association Director of Federal Lands Dustin Van Liew said the decision is a major victory for livestock ranchers and other public lands users. “Well-funded environmental activist organizations have made a hobby out of claiming violations of NEPA and other environmental laws. Unfortunately, under the ‘None but a Federal Defendant’ rule, ranchers and public lands users have been excluded from defending themselves and actively participating in cases regarding critical decisions that affect their livelihoods,” Van Liew said. “Ranchers and other public lands users should be allowed to intervene in court decisions that affect their operations and this landmark decision will finally restore that right.” PLC, NCBA and other organizations representing public-lands users filed an amicus brief on Oct. 21, 2010, asking the Ninth Circuit Court to abandon the ‘None but a Federal Defendant’ rule. The Court’s unanimous decision today supported PLC and NCBA’s request stating that the “federal defendant’ rule’s limitation on intervention…runs counter to the standards we apply in all other intervention of right cases.”...more