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KLEISSLER v. U.S. FOREST SERVICE

No. 98-3137.

157 F.3d 964 (1998)

James KLEISSLER; Susan Curry; Arthur Clark; Rodger Clarke; Eloise Glenn; Michael Kaizar; Heartwood, Inc., v. UNITED STATES FOREST SERVICE; Michael P. Dombeck, Chief Forester for the Eastern Region, United States Forest Service; Robert T. Jacobs, Forester for the Eastern Region — United States Forest Service; John Palmer, Forest Supervisor for the Allegheny National Forest—United States Forest Service; v. RIDGWAY AREA SCHOOL DISTRICT; Bradford Area School District; Kane Area School District; Johnsonburg Area School District; Smethport Area School District; Cherry Grove Township; Hamilton Township; Hamlin Township; Highland Township; Wetmore Township; Township Of Jones; Brookville Wood Products, Inc.; Northeast Hardwoods; Ridgway Lumber Company; Allegheny Hardwood Utilization Group, Inc., Appellants, Payne Forest Products, Inc.; Spilka Wood Products Company, Intervenor-Defendants.

United States Court of Appeals, Third Circuit.

Decided September 30, 1998.

Attorney(s) appearing for the Case

James E. Scheuermann (Argued) David L. McClenahan, William J. Labovitz, Daniel P. Trocchio, Kirkpatrick & Lockhart, Pittsburgh, PA, for Appellants.

William V. Luneburg (Argued), Pittsburgh, PA, for Appellees James Kleissler, Susan Curry, Arthur Clark, Rodger Clarke, Eloise Glenn, Michael Kaizar, Heartwood, Inc.

Amy R. Hay, Bonnie R. Schlueter, Office of United States Attorney, Pittsburgh, PA, for Appellees United States Forest Service, Michael P. Dombeck, Robert T. Jacobs, John Palmer.

Before: BECKER, Chief Judge, ALDISERT and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

The district court denied a request for intervention by local governmental bodies and business concerns in litigation brought by environmentalists to restrict logging activities in a National Forest. We conclude that the proposed intervenors established a threat to their interests from the suit and a reasonable doubt whether the government agency would adequately represent those concerns. Accordingly, we reverse...

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