USA Law and Practice Contributed by: Mark Haskell and Lamiya Rahman, Blank Rome, LLP
If charities or NGOs cannot meet the standing requirements, they cannot initiate administra - tive review. Under the concept of association - al standing, an association can demonstrate standing by showing its members have stand - ing in their own right and that the interests the association seeks to protect are germane to its purpose, even if the association itself has not been directly injured (Hunt v Washington State Apple Advertising Commission, 432 U.S. 333, 343 (1977)). In an action filed in US district court, parties can file motions for leave to intervene as of right or through what is called “permissive” interven- tion. Under Rule 24 of the Federal Rules of Civil Procedure, a party can intervene as of right if a federal statute gives it the unconditional right to intervene or if the movant claims an interest in property or a transaction that is the subject of the action and resolution of the action might adversely affect its interests, unless those inter - ests are adequately represented by other par - ties. Permissive intervention can be granted in a district court action if federal law provides the party with a conditional right to intervene or if the party shares a claim or defence with com - mon issues of law or fact with an issue raised by another party. Government officers or agencies are generally granted the right to intervene if a claim or defence relates to a programme within their jurisdiction. 7. Other Parties 7.1 Joinder In a judicial review action pending before a cir - cuit court of appeals, Rule 15(d) of the Federal Rules of Appellate Procedure permits timely motions for leave to intervene within 30 days of the date on which a petition for review is filed.
The motion for leave to intervene must provide a concise statement of the party’s interest. Gen - erally, courts of appeal also will require a party to indicate whether it supports the petitioner or the respondent in the appeal for the purpose of allocating briefing rights and responsibilities. For challenges to state governmental action, each individual state’s laws set forth the rights and procedures for interventions (see, eg, 210 Penn - sylvania Code Rule 1531). 7.2 Roles of Additional Parties If a party has been granted status as an inter - venor in a US district court proceeding, it will have full rights as a party unless the court places limitations on those rights in the course of deter - mining whether to grant intervention (although a court’s ability to condition intervention as of right has been controversial). In cases involving intervention in the courts of appeals, intervenors are generally limited to the issues raised by peti - tioners in their petitions for review and precluded from interjecting new or different objections. Parties may also seek to file briefs amicus curi - ae (friend of the court) in an action before a US court of appeals as prescribed in Rule 29 of the Federal Rules of Appellate Procedure. Amicus briefs may be permitted on motion in US district courts, but the practice is less common. Amicus briefs can permit parties, associations or NGOs to weigh in on a legal issue of interest without running the gamut necessary to show standing to become a party in a case. Note, however, that amicus briefs are subject to the court’s dis - cretion and cannot be sponsored financially or ghostwritten by one of the litigants in a case. As noted in 7.1 Joinder , for state proceedings, the rules governing rights of intervenors and par - ticipation by amici curiae are governed by the individual state laws.
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