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Tag: intervention

September 09, 2016

Strong intervention rules help mitigate harms of "sue and settle" litigation

In 2014, a lightning strike ignited a wildfire in the Johnson Bar Campground in Idaho’s Nez Perce National Forest. As a result of the fire, a substantial amount of dead and dying timber–a dangerous source of fuel for future wildfires–remains in the forest. To remove the danger and recover the value of the timber, the United ...

January 21, 2011

A win for property owners and fairness

Author: Damien M. Schiff Last week, the Ninth Circuit Court of Appeals, sitting en banc, overturned, in Wilderness Society v. United States Forest Service, the circuit's "none but the federal defendant" rule governing private-party intervention in cases brought under the National Environmental Policy Act (NEPA).  The Ninth ...