Wolfsen Land and Cattle Co. v. Pacific Coast Federation of Fishermen’s Assoc., 695 F.3d 1310 (Fed. Cir. 2012)

(appeal of denial of environmental activist groups’ denial of motion to intervene in takings claim by downstream property owners whose land was flooded from release of water from dam pursuant to consent order and Congressional approval; intervening groups were involved in underlying environmental litigation that resulted in consent decree; district court held groups unable to meet four-part test for intervening, so no foundation to intervene; on appeal, denial of motion affirmed; court chose to address only that interveners unable to show their interests not protected by government’s involvement in litigation; concurrence filed stating in other cases, decade-long litigation between interveners and government might give rise to concern that government could not protect interests of interveners and wholesale rejection in future not warranted).