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ALT v. U.S. E.P.A.

No. 13-2200.

758 F.3d 588 (2014)

Lois ALT, d/b/a Eight is Enough; American Farm Bureau Federation; West Virginia Farm Bureau, Plaintiffs-Appellees, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Center for Food Safety; Food & Water Watch; Potomac Riverkeeper; West Virginia Rivers Coalition; Waterkeeper Alliance, Incorporated, Defendants, and Chesapeake Bay Foundation, Incorporated, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 14, 2014.

Attorney(s) appearing for the Case

ARGUED: Jon Alan Mueller , Chesapeake Bay Foundation, Inc., Annapolis, Maryland, for Appellant. James T. Banks , Hogan Lovells U.S. LLP, Washington, D.C., for Appellees. ON BRIEF: Christine K. Tramontana , Chesapeake Bay Foundation, Inc., Annapolis, Maryland, for Appellant. David L. Yaussy , Robinson & McElwee PLLC, Charleston, West Virginia, for Appellee Lois Alt, d/b/a Eight is Enough. Joanne Rotondi , Hogan Lovells U.S. LLP, Washington, D.C., for Appellees American Farm Bureau Federation and West Virginia Farm Bureau.

Affirmed by published opinion. Judge KING wrote the opinion, in which Chief Judge TRAXLER and Senior Judge DAVIS joined.

KING, Circuit Judge:

Plaintiff Lois Alt, a West Virginia farmer, sued the United States Environmental Protection Agency (the "EPA") in the Northern District of West Virginia, seeking declaratory relief in connection with EPA administrative enforcement proceedings against her. In the latter stages of Alt's litigation, appellant Chesapeake Bay Foundation, Incorporated ("CBF"), moved to intervene as a defendant. The district court denied CBF's intervention motion as...

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