NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT APR 29 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
DRAKES BAY OYSTER COMPANY; No. 13-15390
KEVIN LUNNY,
D.C. No. 4:12-cv-06134-YGR
Plaintiffs - Appellees,
v. MEMORANDUM*
ENVIRONMENTAL ACTION
COMMITTEE OF WEST MARIN;
NATIONAL PARKS CONSERVATION
ASSOCIATION; NATURAL
RESOURCES DEFENSE COUNCIL;
SAVE OUR SEASHORE,
Applicants-in-intervention -
Appellants,
And
SALLY JEWELL, in her official capacity
as Secretary, U.S. Department of the
Interior; U.S. DEPARTMENT OF
INTERIOR; U.S. NATIONAL PARK
SERVICE; JONATHAN B. JARVIS, in
his official capacity as Director, U.S.
National Park Service,
Defendants.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the Northern District of California
Yvonne Gonzalez Rogers, District Judge, Presiding
Submitted April 25, 2014**
Before: McKEOWN and WATFORD, Circuit Judges, and MARBLEY, District
Judge.***
The district court denied the motion filed by the Environmental Action
Committee of West Marin, National Parks Conservation Association, Natural
Resources Defense Council, and Save Our Seashore (collectively, “proposed
intervenors”) to intervene as of right under Federal Rule of Civil Procedure 24(a).
While appeal of that order was pending, we issued our decision in Drakes Bay
Oyster Co. v. Jewell, 729 F.3d 967 (9th Cir. 2013), amended by — F.3d — , No.
13-15227, 2014 WL 114699 (9th Cir. 2014). To the extent that this appeal by the
proposed intervenors is not moot as a consequence of our decision in Drakes Bay
Oyster Co. v. Jewell, on de novo review we affirm the districts court’s denial of
their motion to intervene. See Freedom from Religion Found., Inc. v. Geithner,
644 F.3d 836, 840 (9th Cir. 2011). The proposed intervenors have not satisfied the
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
***
The Honorable Algenon L. Marbley, District Judge for the U.S.
District Court for the Southern District of Ohio, sitting by designation.
2
test for intervention as of right. In particular, they failed to make a “very
compelling showing” that the government will not adequately represent their
interests. Arakaki v. Cayetano, 324 F.3d 1078, 1086 (9th Cir. 2003) (internal
quotation marks omitted).
AFFIRMED.
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