Seventh Circuit: Driftless Area Land Conservanc v. Michael Huebsch

 CJ:

Denial of a motion to intervene as of right, or, in the alternative, permissively is sufficiently final for appellate review even when made without prejudice, and the court invites the potential intervenor to file a "standby" motion not formalized in the rules.

Risk of nullification of right held under permit to build lucrative electrical transmission line suffice for standing in case adjudicating the permit.

Where a regulatory agency is defending a permit that vests economic rights in a company, the shared interests are not sufficient for a higher threshhold of shared interests.  For the intermediate threshhold, more is required than simply being in favor of the same outcome.  As the company's rights of eminent domain and its interest in the pace of the project are outside the regulator's remit, the company is entitled to intervene as a matter of right under the intermediate standard.


Driftless Area Land Conservanc v.  Michael Huebsch