Case Details

Issues

Common Law Powers, Control Of Litigation

Filing State

CA

Court

U.S. District Court for the Northern District of California

Year

2005

Citation

Defenders of Wildlife v. Johanns, 2005 U.S. Dist. LEXIS 34455 (N.D. Cal. 2005)

Resolution

Attorney General has common law power to intervene in case brought against federal government

Case Description

The attorney general could intervene as of right in an environmental case brought against the federal government because although state statutes did not authorize suit against the federal government, “the attorney general does retain authority under common law to sue the federal government to protect the State’s interests.”