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SOUTHWEST CENTER FOR BIOLOGICAL DIVERSITY v. BERG

No. 99-56627.

268 F.3d 810 (2001)

SOUTHWEST CENTER FOR BIOLOGICAL DIVERSITY; California Native Plant Society; Save Our Forests and Ranchlands; Carmel Mountain Conservancy, Preserve Wild Santee; Iron Mountain Conservancy; Ramonans For Sensible Growth; San Diego Audubon Society; Sierra Club; Horned Lizard Conservation Society; Earth Media; Preserve South Bay; San Diego Herpetological Society; Wetlands Action Network, Plaintiffs-Appellees, v. Ken BERG, Carlsbad Field Supervisor; Anne Badgley, Acting Regional Director; Gale Norton, Secretary of the Interior; Michael Uberuaga, San Diego City Manager, Defendants-Appellees, Pardee Construction Company; Building Industry Legal Defense Gale Norton is substituted for her predecessor, Bruce Babbitt, as Secretary of the Interior pursuant to Fed.R.App.P. 43(c)(2). Foundation; National Association of Home Builders; California Building Industry Association; Building Industry Association of San Diego, Applicants in intervention-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 27, 2001.

Attorney(s) appearing for the Case

John C. Eastman (argued), the Claremont Institute Center for Constitutional Jurisprudence, Claremont, California, and Hugh Hewitt and William E. Halle, Hewitt & McGuire, LLP, Irvine, California, for applicants in intervention-appellants.

Neil Levine (argued), Earthlaw, Denver, Colorado, Daniel J. Rohlf, Pacific Environmental Advocacy Center, Portland, Oregon, and Marco Gonzales, Solano Beach, California, for plaintiffs-appellees.

Before: Pamela Ann RYMER, Michael Daly HAWKINS, and Ronald M. GOULD, Circuit Judges.

Argued and Submitted May 8, 2001 — Pasadena, California.

OPINION

GOULD, Circuit Judge:

We must decide the proper scope of intervention as of right pursuant to Federal Rule of Civil Procedure 24 ("Rule 24") in the context of environmental litigation. Pardee Construction Company ("Pardee") and four national and local building trade associations (the "Builders") (collectively, "Applicants") appeal the denial of their motion to intervene in an...

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