NATURAL RES. DEFENSE COUNCIL v. N.Y. STATE D.E.C.

No. 79, Docket 87-6124.

834 F.2d 60 (1987)

NATURAL RESOURCES DEFENSE COUNCIL, INC., American Lung Association; American Lung Association of New York State, Inc.; Brooklyn Lung Association, Inc.; Queensboro Lung Association; and American Lung Association, Hudson Valley, Inc., Plaintiffs-Appellees, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION; Henry G. Williams, as Commissioner, New York State Department of Environmental Conservation; United States Environmental Protection Agency; and Lee M. Thomas, as Administrator, United States Environmental Protection Agency, Defendants-Appellees. Appeal of AMERICAN PETROLEUM INSTITUTE.

United States Court of Appeals, Second Circuit.

Decided December 1, 1987.


Attorney(s) appearing for the Case

Joseph J. Zedrosser, Uniondale, N.Y. (Rivkin Radler Dunne & Bayh, Uniondale, N.Y.; G. William Frick, David T. Deal, Thomas S. Llewellyn, American Petroleum Institute, Washington, D.C., on the brief), for appellant.

Eric A. Goldstein, New York City (Donald S. Strait, Natural Resources Defense Council, Inc.; David Schoenbrod, New York Law School, New York City, on the brief), for plaintiffs-appellees.

Richard W. Mark, Asst. U.S. Atty., New York City (Rudolph W. Giuliani, U.S. Atty., Mary Ellen Kris, Nancy Kilson, Asst. U.S. Attys., New York City, on the brief), for federal defendants-appellees.

(Robert Abrams, Atty. Gen., David R. Wooley, Helene G. Goldberger, Asst. Attys. Gen., New York City, filed a brief for state defendants-appellees.)

Before VAN GRAAFEILAND, MESKILL and NEWMAN, Circuit Judges.


JON O. NEWMAN, Circuit Judge:

This appeal from a denial of a motion to intervene requires some consideration of the standard for determining when an interest is "adequately represented" by a party to a lawsuit within the meaning of Fed.R.Civ.P. 24(a)(2). The American Petroleum Institute (API) appeals from an order of the District Court for the Southern District of New York (Morris E. Lasker, Judge) denying its motion to intervene in a lawsuit brought by the Natural...

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