In 2005, the State of Oklahoma (State) brought a suit against Tyson Foods, Inc. for the improper disposal of poultry waste in the Illinois River Watershed (IRW). Approximately four years later, the Cherokee Nation (Nation) asserted its interests in the IRW and its right to intervene under Rule 24 of the Federal Rules of Civil Procedure. The district court found that the Nation had delayed too long and denied the motion as untimely. On appeal, this decision was upheld based on the fact that the Nation could never have reasonably believed that it was being adequately represented by the State. This Comment argues that the Nation’s belief that it was adequately represented was in fact reasonable.
The Question of Adequate Representation in the Tyson Court's Denial of Intervention,
B.C. Envtl. Aff. L. Rev.
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