What is the burden of demonstrating inadequacy of representation in a motion for environmental protection?
MultiRegion, United States of America
The following excerpt is from La. Wildlife & Fisheries Comm'n v. Becerra, No. 2:19-cv-02488-KJM-CKD (E.D. Cal. 2020):
The movants' "burden of showing inadequacy of representation is 'minimal' and is satisfied if the applicant can demonstrate that representation of its interests 'may be' inadequate." Citizens for Balanced Use, 647 F.3d at 898 (citing Arakaki v. Cayetano, 324 F.3d 1078, 1086 (9th
Page 6
Cir. 2003)); see also Trbovich v. United Mine Workers of Am., 404 U.S. 528, 538 n.10 (1972). To evaluate the adequacy of representation, the court examines three factors:
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