E&B Natural Resources Management Corp. v. County of Alameda

The federal district court for the Northern District of California denied Center for Biological Diversity’s (CBD’s) motion to intervene in a lawsuit challenging Alameda County’s decision not to renew conditional use permits for continued operation of an oil extraction and production facility in the City of Livermore. CBD argued that its “substantial involvement” in the matter—including its administrative appeal, which led to the County’s denial of the permits—gave it a significantly protectable interest in the litigation. In addition, CBD asserted a significantly protectable interest in “advancing its longstanding organizational mission to protect the environment and combat climate change.” Although the court agreed that CBD had a significantly protectable interest, the court found that CBD had not demonstrated that the County would not adequately represent CBD’s interests. The court also found that efficient resolution of the dispute outweighed the benefits of permissive intervention.