In an action challenging the Forest Service's approval of the venting of methane gas from a mine on the ground that it violated the National Environmental Policy Act, denial of mine owner's motion to intervene is reversed where the owner was entitled to intervene as of right because it had a direct economic stake in the subject of the litigation.
Appeal from the United States District Court for the District of Colorado.
Filed July 24, 2009
Before HARTZ, BRORBY, and TYMKOVICH, Circuit Judges.
Opinion by HARTZ, Circuit Judge.
For Appellant: Stephen D. Bell, Scott P. Sinor, Dorsey & Whitney, LLP, Denver, Colorado, Mike Drysdale, Dorsey & Whitney, LLP, Minneapolis, Minnesota.
For Appellee: Edward B. Zukoski, Earthjustice, Denver, Colorado.