LEGAL-EASE 101: WHAT IS INTERVENTION IN COURT (AND WHY)?
By Del Albright and Brian Hawthorne, BlueRibbon Coalition
You may have heard about one of our off-road groups “intervening” in a court action. This is not the same as “filing” a lawsuit. Herein we will explain what it means to be an “intervenor” in a court action, and why it is an essential part of our access efforts.
Legal actions can be described as “offensive” and “defensive.” To “intervene” is a defensive maneuver that can save the day for us, by ensuring we have a seat at the table when recreational decisions are made.
The core of the defensive maneuver is the “defendant Intervenor” play. Off-roader organizations “intervene” in lawsuits filed by the anti-access crowd as a defendant. Sometimes, we can mix the offensive and defensive play as well. This is an excellent way of making sure no federal judge makes a decision (about our trails and our sports) without hearing from the people who use them.
Being an Intervenor allows the OHV community to directly oppose the arguments made by the radical anti's. Specifically, to intervene (become an Intervenor) a person or group that was not part of an original lawsuit, must show that they will be directly harmed by the court's decision and that their interests are not represented. Often, groups like BRC act as representatives of people who have a direct concern in the legal issues.
Interveners (like BlueRibbon Coalition, the California Association of 4Wheel Drive Clubs, (and others) become a player in the outcome of a lawsuit they were not originally part of. They often request intervention because the agencies defending the lawsuit may not fully represent off-road interests, or worse.
Read the whole story (and share it) here: http://www.sharetrails.org/story/201...-court-and-why
Ambassador, BlueRibbon Coalition www.sharetrails.org
Founding Trail Boss, Friends of the Rubicon www.rubiconfriends.com
Environmental Affairs, CA4WDC www.cal4wheel.com
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Contact Del at [email protected]