935 F2d 273 Citizens for Better Environment v. Deukmejian Ca United States Environmental Protection Agency
935 F.2d 273
Unpublished Disposition
CITIZENS FOR A BETTER ENVIRONMENT, Jean Siri, Sierra Club,
Plaintiffs-Appellees,
v.
George DEUKMEJIAN, Governor of State of CA, Defendant.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, William K.
Reilly, Daniel McGovern, Defendants-Appellees,
v.
SANTA CLARA COUNTY TRAFFIC AUTHORITY, Plaintiff-intervenor-Appellant.
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
No. 90-15455.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted May 15, 1991.
Decided June 3, 1991.
Before SCHROEDER and FARRIS, Circuit Judges, and DUMBAULD,* Senior District Judge.
MEMORANDUM**
To intervene as a matter of right under Federal Rule of Civil Procedure Rule 24(a):
(1) the applicant's motion must be timely;
(2) the applicant must assert an interest relating to the property or transaction which is the subject of the action;
(3) the applicant must be so situated that without intervention the disposition of the action may, as a practical matter, impair or impede his ability to protect that interest; and
(4) the applicant's interest must be inadequately represented by the other parties.
Sagebrush Rebellion, Inc. v. Watt, 713 F.2d 525, 527 (9th Cir.1983). We have carefully reviewed the record and have independently considered the necessary factors. See Petrol Stops Northwest v. Continental Oil Co., 647 F.2d 1005, 1009 (9th Cir.), cert. denied, 454 U.S. 1098 (1981); see also United States v. State of Oregon, 913 F.2d 576, 589 (9th Cir.1990). The application was not timely. The trial court did not err in denying intervention as a matter of right.
AFFIRMED.