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CITY OF CHICAGO v. FEDERAL EMERGENCY MFT. AGENCY

No. 10-3544.

660 F.3d 980 (2011)

CITY OF CHICAGO, Plaintiff, v. FEDERAL EMERGENCY MANAGEMENT AGENCY and R. David Paulison, Defendants-Appellees. Appeal of United Air Lines, Inc., et al., Proposed Intervenors/Appellants.

United States Court of Appeals, Seventh Circuit.

Decided October 17, 2011.

Attorney(s) appearing for the Case

Jonathan Mark Powell , Attorney, City of Chicago Law Department, Chicago, IL, for Plaintiff.

Dana Kaersvang (argued), Attorney, Civil Division, Appellate Staff, Sushma Soni , Attorney, Civil Rights Division, Appellate Section, Department of Justice, Washington, DC, for Defendants-Appellees.

Samuel B. Isaacson (argued), Attorney, DLA Piper U.S. LLP, Chicago, IL, for Proposed Intervenors/Appellants.

Before CUDAHY, POSNER, and WILLIAMS, Circuit Judges.

POSNER, Circuit Judge.

Six airlines appeal from the denial of their motion to intervene in a suit between the City of Chicago and the Federal Emergency Management Agency (the other defendant, FEMA's director, is a superfluous party). The airlines sought intervention under Fed.R.Civ.P. 24(a) (intervention as a matter of right) and alternatively under Rule 24(b) (permissive intervention).

The airlines are users of the O'Hare and Midway Airports, which are owned...

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