28 U.S.C. § 2348
Section 2348 · Representation in proceeding; intervention
Amended 1 time on record
The circuits are split over this section — Whether a party seeking to intervene as of right under Rule 24(a) must independently satisfy Article III standing.
Applied in 26 court decisions — leading case Port of Boston Marine Terminal Assn. v. Rederiaktiebolaget Transatlantic (1970)
Most recently applied in 516 F. Supp. 2d 1348 - Nucor Corp. v. United States (September 2007)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
The Attorney General is responsible for and has control of the interests of the Government in all court proceedings under this chapter. The agency, and any party in interest in the proceeding before the agency whose interests will be affected if an order of the agency is or is not enjoined, set aside, or suspended, may appear as parties thereto of their own motion and as of right, and be represented by counsel in any proceeding to review the order. Communities, associations, corporations, firms, and individuals, whose interests are affected by the order of the agency, may intervene in any proceeding to review the order. The Attorney General may not dispose of or discontinue the proceeding to review over the objection of any party or intervenor, but any intervenor may prosecute, defend, or continue the proceeding unaffected by the action or inaction of the Attorney General.
Editorial notes U.S. Code · Office of the Law Revision Counsel
In the first sentence, the words “is responsible for and has control” are substituted for “shall be responsible for and have charge and control”.
In the last sentence, the word “may” is substituted for “shall”. The word “aforesaid” following “any party or intervenor” is omitted as unnecessary. The words “any intervenor” and “inaction” are substituted for “said intervenor or intervenors” and “nonaction”, respectively.