National Parks Conservation, et al. v. Northern States Power Co., No. 13-2613 (8th Cir. 2014)
Annotate this CasePlaintiffs filed suit against the EPA seeking to impose emission-control technology on NSP's Sherco power plant. NSP moved to intervene but the district court denied the motion. The court concluded that NSP has sufficient Article III standing to intervene. Moreover, NSP's interests are not adequately represented by the existing parties and, thus, NSP is entitled to intervene as a right under Rule 24(a). Accordingly, the court reversed the district court's judgment and remanded with instructions to enter an order granting NSP's motion for leave to intervene as of right.
Court Description: Civil case - Clean Air Act. In an action by environmental groups to impose emission-control technology on Northern States Power's Sherburne County power plant, the district court erred in denying Northern States Power's motion to intervene as the company satisfied all of the elements of Article III Standing - injury, causation and redressability; further, the motion met the requirements of Fed. R. Civ. P. 24(a), and Northern States Power was entitled to intervene as of right. [ July 22, 2014
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