In re: Endangered Species Act Section 4, No. 11-5274 (D.C. Cir. 2013)
Annotate this CaseAppellees sued to compel the Service to comply with deadlines set forth in the Endangered Species Act (ESA), 16 U.S.C. 1533(b)(3), for determining whether to list species as endangered or threatened. As the case neared settlement, the Safari Club moved to intervene pursuant to Rule 24 in the order to oppose the settlements which would include three species that its members hunt. On appeal, the Safari Club challenged the district court's denial of intervention, contending that it qualified for intervention as of right, as well as permissively. Because the Safari Club failed to identify a violation of a procedural right afforded by the ESA that was designed to protect its interests, the district court did not err in ruling that the Safari Club lacked standing and therefore was ineligible to intervene as of right. The court affirmed the decision of the district court without reaching the Safari Club's objections to the settlement agreements.
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