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SAGEBRUSH REBELLION, INC. v. WATT

No. 82-3443.

713 F.2d 525 (1983)

SAGEBRUSH REBELLION, INC., The Southwest Idaho Development Assoc., Lonnie Louvell, Bruce Jacobsen & Rayola Jacobsen, Harold Collette, Tom Collette, Juanita Collette, and Paul Nettleton, Plaintiffs/Appellees, v. James G. WATT, Secretary of the Interior, Robert Burford, Director of the Bureau of Land Management, United States Dept. of the Interior, and the United States of America, Defendants/Appellees, and National Audubon Society, Golden Eagle Audubon Society, Prairie Falcon Audubon Society, Portneuf Valley Audubon Society, Snake River Audubon Society, Palouse Audubon Society, Idaho Environmental Council, Idaho Conservation League, Idaho Wildlife Federation, Inc., Idaho Falconers Association, ADA County Fish and Game League, William R. Meiners, Jesse L. Woody, Pete Cole and Robert Sutherland, Applicants in Intervention/Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 19, 1983.

Attorney(s) appearing for the Case

Connie Brooks, Mountain States Legal Foundation, Denver, Colo., for plaintiffs/appellees.

Scott W. Reed, Coeur d'Alene, Idaho, for applicants in intervention/appellants.

Before WALLACE and SCHROEDER, Circuit Judges, and TASHIMA, District Judge.

SCHROEDER, Circuit Judge.

We must decide whether the district court erred in denying the application of the National Audubon Society to intervene as of right under Rule 24(a) of the Federal Rules of Civil Procedure. The Sagebrush Rebellion, Inc. brought the underlying lawsuit in 1980 against the Secretary of the Interior. The suit challenges the legality of actions taken by former Interior Secretary Cecil D. Andrus when he recommended the creation of a Snake River...

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