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NATIONAL PARKS CONSERVATION ASS'N v. U.S. E.P.A.

No. 13-2613.

759 F.3d 969 (2014)

NATIONAL PARKS CONSERVATION ASSOCIATION; Minnesota Center for Environmental Advocacy; Friends of the Boundary Waters; Voyageurs National Park Association; Fresh Energy; Sierra Club, Plaintiffs-Appellees v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Lisa P. Jackson, in her official capacity as EPA Administrator, Defendants Northern States Power Company Minnesota, doing business as Xcel Energy, Movant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 23, 2014.

Attorney(s) appearing for the Case

Aaron Daniel Van Oort , argued, Minneapolis, MN, for appellant.

Kevin Reuther , argued, Saint Paul , MN ( Reed Zars , Laramie, WY, Kevin Reuther , Saint Paul , MN, on the brief), for appellee.

Before COLLOTON, SHEPHERD, and KELLY, Circuit Judges.

SHEPHERD, Circuit Judge.

Six environmental protection groups (the Environmental Groups) sued the EPA in an effort to impose emission-control technology on Northern States Power Company's (NSP) Sherburne County power plant (Sherco). NSP moved to intervene. The district court denied NSP's motion. We reverse the district court's order and hold that NSP has standing to intervene and is entitled to intervene as of right.

I.

The Clean Air Act (CAA) declared...

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