Drakes Bay Oyster Company v. Environmental Action Committee

571 F. App'x 605

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 29, 2014
• Docket: 13-15390
• Status: Unpublished

Opinion

MEMORANDUM ***

The district court denied the motion filed by the Environmental Action Committee of West Marin, National Parks Conservation Association, Natural Resources Defense Council, and Save Our Seashore (collectively, “proposed interve-nors”) to intervene as of right under Federal Rule of Civil Procedure 24(a). While appeal of that order was pending, we issued our decision in Drakes Bay Oyster Co. v. Jewell, 729 F.3d 967 (9th Cir.2013), amended by 747 F.3d 1073, No. 13-15227, 2014 WL 114699 (9th Cir.2014). To the extent that this appeal by the proposed intervenors is not moot as a consequence of our decision in Drakes Bay Oyster Co. v. Jewell, on de novo review we affirm the districts court’s denial of their motion to intervene. See Freedom from Religion Found., Inc. v. Geithner, 644 F.3d 836, 840 (9th Cir.2011). The proposed intervenors have not satisfied the test for intervention as of right. In particular, they failed to make a “very compelling showing” that the government will not adequately represent their interests. Arakaki v. Cayetano, 324 F.3d 1078, 1086 (9th Cir.2003) (internal quotation marks omitted).

AFFIRMED.

*** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.