Habitat Education Center, Inc. v. Bosworth

221 F.R.D. 488, 2004 U.S. Dist. LEXIS 9856, 2004 WL 1194709
CourtDistrict Court, E.D. Wisconsin
DecidedMay 24, 2004
DocketNo. 03-C-1024
StatusPublished
Cited by3 cases

This text of 221 F.R.D. 488 (Habitat Education Center, Inc. v. Bosworth) is published on Counsel Stack Legal Research, covering District Court, E.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Habitat Education Center, Inc. v. Bosworth, 221 F.R.D. 488, 2004 U.S. Dist. LEXIS 9856, 2004 WL 1194709 (E.D. Wis. 2004).

Opinion

DECISION AND ORDER

ADELMAN, District Judge.

Plaintiff, Habitat Education Center, Inc., a citizen’s organization engaged in forest and wildlife protection, and two of its members, bring this action against defendants, Dale Bosworth and Ann M. Veneman, heads of the United States Forest Service and its parent agency, the United States Department of Agriculture (collectively “forest service”), challenging its decision to approve certain logging activities and timber sales in the Cayuga project area of the Chequamegon-Nicolet National Forest (“CNNF”) in northern Wisconsin. Plaintiffs contend that the forest service violated-the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4321 et seq., the National Forest Management Act (“NFMA”), 16 U.S.C. § 1600-1687, and the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 553-559 & 701-706. Before me now is a motion to intervene brought by the Ruffed Grouse Society, the Lake States Lumber Association (“LSLA”) and the Lake States Resource Aliance (“LSRA”) (hereinafter “applicants”).

I. PLAINTIFFS’ ALLEGATIONS

Plaintiffs allege that the forest service violated NEPA and its implementing regulations in approving the Record of Decision (“ROD”) for the Cayuga project by: (1) failing to consider the cumulative impacts of other past, present and reasonably foreseeable future logging projects in the CNNF, [491]*491private lands and nearby National Forests; (2) failing to rigorously evaluate and fully consider alternatives to the proposed actions; (3) basing its decision on inadequate and outdated scientific information; and (4) authorizing actions in the Cayuga project areas that will limit alternatives under the proposed updated and revised 2003 Forest Plan. Plaintiffs further contend that the above conduct was arbitrary and capricious and not in accordance with law and thus violated the APA, 5 U.S.C. § 706.

Plaintiffs also allege that by approving the ROD for the Cayuga project, the forest service violated the NFMA and its implementing regulations because it: (1) based the project on the 1986 Forest Plan that the forest service had acknowledged was outdated and in the process of being revised; (2) failed to ensure the viability of Regional Forester’s Sensitive Species; and (3) failed to appropriately monitor Management Indicator Species. Again, plaintiffs contend that defendants acted arbitrarily and capriciously and not in accordance with law and thus violated the APA, 5 U.S.C. § 706.

Plaintiffs seek a declaration that the forest service did not comply with the legal requirements cited above and an injunction halting implementation of the Cayuga project until such time as compliance is obtained.

II. THE APPLICANTS

The Ruffed Grouse Society states that it is a non-profit, wildlife conservation organization dedicated to improving the environment for ruffed grouse, American woodcock and other forest wildlife, and that its members hunt in the CNNF. The LSLA states that it is a trade association representing companies that use timber from public lands to produce wood products. The LSRA states that it is a coalition of organizations, which advocates multiple uses of national forests. Each of the applicants states that it has an interest in proper management of the CNNF, and each provided comments on the project during the administrative phase of the proceeding that preceded the present litigation. The LSLA and LSRA also state that their members utilize timber from the CNNF, and that a ruling in plaintiffs favor would reduce the amount of available timber.

III. DISCUSSION

Applicants seek intervention as of right under Fed.R.Civ.P. 24(a)(2) or, in the alternative, permissive intervention under Rule 24(b)(2). I discuss, first, their request to intervene as of right. Rule 24(a) provides:

Upon timely application anyone shall be permitted to intervene in an action: ... (2) when the applicant claims an interest relating to the property or transaction which is the subject of the action and the applicant is so situated that the disposition of the action may as a practical matter impair or impede the applicant’s ability to protect that interest, unless the applicant’s interest is adequately represented by existing parties.

Thus, to intervene as of right, the applicants must satisfy four requirements: (1) their application must be timely; (2) they must have an interest in the property or transaction which is the subject of the action; (3) disposition of the action may as a practical matter impair or impede their ability to protect the interest; and (4) existing parties must not be adequate representatives of their interest. Heartwood, Inc. v. U.S. Forest Serv., 316 F.3d 694, 700 (7th Cir.2003); see also Sokaogon Chippewa Cmty. v. Babbitt, 214 F.3d 941, 945-46 (7th Cir.2000). All four requirements must be met before intervention as of right will be allowed. See United States v. BDO Seidman, 337 F.3d 802, 808 (7th Cir.2003). However, a motion to intervene as of right “should not be dismissed unless it appears to a certainty that the intervenor is not entitled to relief under any set of facts which could be proved under the complaint.” Reich v. ABC/York-Estes Corp., 64 F.3d 316, 321 (7th Cir.1995).

In the present case, it is undisputed that applicants moved to intervene in a timely fashion. Therefore, I turn to the question of whether they have an interest in the subject matter of the action. In determining whether an applicant has an interest within Rule 24(a)(2), the policies that underlie the requirement of an interest should be the guide. Nuesse v. Camp, 385 F.2d 694, 700 (D.C.Cir. [492]*4921967). The determination involves an accommodation between two potentially conflicting goals: to achieve judicial economies of scale by resolving related issues in a single lawsuit and to prevent the single lawsuit from becoming fruitlessly complex or unending. Smuck v. Hobson, 408 F.2d 175, 179 (D.C.Cir.1969). The accommodation reached in a given case “will depend upon the contours of the particular controversy;” thus, “general rules and past decisions cannot provide uniformly dependable guides.” Id. The question is not whether a lawsuit should be begun or defended, but whether it should be extended to include additional parties. Id.

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Bluebook (online)
221 F.R.D. 488, 2004 U.S. Dist. LEXIS 9856, 2004 WL 1194709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/habitat-education-center-inc-v-bosworth-wied-2004.