Introduction
In the previous two parts to this series, I considered "A (Nearly) New Approach" to interventions
and "Interventions in the 'Public
Interest" at the Federal Court and Federal Court of
Appeal. In this third and final part of this exploration of Federal
Court interventions I discuss a specific type of cases in which
interventions in the public interest are particularly apt: issues
of environmental protection.
As the same criteria apply to all proposed interventions
regardless of the subject matter of the litigation, it would be
incumbent on an individual, environmental organization, or industry
stakeholder to satisfy the court that its participation in the
proceeding would assist with the determination of an issue before
the court. Any contemplated intervention by an environmental group,
or by an individual or industry stakeholder in an environmental
case, should also consider the Rothmans, Benson &
Hedges factors and be prepared to convince the court
