Kane County, Utah, et al. v. United States, et al.

This petition addresses whether private special interest groups have an interest to intervene as of right in a quiet title action brought by a State and one of its counties against the United States of America. Commencing in 2009, the Southern Utah Wilderness Alliance and The Wilderness Society, two special interest groups with no title to claim or defend in the suit, repeatedly attempted to intervene as of right under Federal Rules of Civil Procedure 24(a)(2). Their motions were denied twice in the district court and twice in the United States Court of Appeals for the Tenth Circuit. On the third time on appeal in 2019, a divided panel of the Tenth Circuit held that the groups could intervene as of right because their “environmental concern” is a legally protectable interest and the arguably changed attitudes of the Trump administration demonstrated that the United States may no longer adequately represent the intervenors’ interest. The Tenth Circuit then deadlocked on petitions for en banc rehearing and the panel decision was upheld. The questions presented are:

1. Whether Rule 24(a)(2) allows intervention as of right where the movant does not have a significant, cognizable interest in the lawsuit.

2. Whether the United States adequately represents its title, which is the only interest at issue in a quiet title suit.