American Lung Ass’n v. Reilly

Brief Fact Summary.

Electric utilities and electric utilities associations were denied the motion to intervene in litigation between the American Lung Association and the Environmental Protection Agency. 

Synopsis of Rule of Law.

A party must fulfill all of the requirements under Federal Rule of Civil Procedure 24 in order to join litigation. 

Facts.

The American Lung Association sued the Environmental Protection Agency for failing to review the standards regarding air quality. The District Court for the Eastern District of New York denied electric utilities and electric utilities’ associations to intervene in the litigation as defendants. 

Issue.

Whether a party must fulfill all of the requirements under Federal Rule of Civil Procedure 24 in order to join litigation?

Held.

Yes. To be joined under Federal Rule of Civil Procedure 24, the moving party must (1) make a timely motion, (2) have an interest that relates to the transaction that is the subject of the action, and (3) ending the action will prevent the movant from protecting it’s interest. The decision of the district court is affirmed. 

Discussion.

Although the electric utilities and electric utilities associations filed a timely motion, they maintained the ability to influence decisions regarding air quality standards without having participated in the suit. Similarly, the electric utilities and electric utilities associations did not prove that the Environmental Protection Agency would not have protected their interests in the suit.