BISMARCK -- A federal court of appeals affirmed a North Dakota district court's decision Monday to deny environmental groups from intervening in a lawsuit over rights-of-way in federal grasslands.
The U.S. Court of Appeals for the Eighth Circuit agreed with U.S. District Court Judge Daniel Hovland's denial last fall of allowing three environmental groups, including the Badlands Conservation Alliance, the Sierra Club and the National Parks Conservation Association, from intervening in the case.
Billings, Golden Valley, McKenzie and Slope counties in western North Dakota sued the U.S. government seeking quiet title to what they allege are right of ways along section lines of land owned by the federal government on the Dakota Prairie Grasslands. The state of North Dakota later filed suit, and the cases were consolidated.
The counties argue that section lines, with few exceptions, in North Dakota are subject to public easements allowing for right of way. The federal government doesn't recognize these rights of way.
The groups contended they have environmental, recreational and aesthetic interests in the area. The court ruled that the groups failed to show they had a specific interest in the case.
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The appeals court received the appeal in October after Hovland's denial of the groups' request to intervene.
The full opinion can be found at media.ca8.uscourts.gov/opndir/15/06/141785P.pdf.
